State v. Frost

The defendant, Joel Frost, appeals his convictions on two counts of aggravated felonious sexual assault for engaging in sexual penetration with a “mentally defective” person in violation of RSA 632-A:2, I(h) (1996). We reverse and remand.

At the time of the incidents in question, the complainant, a mildly mentally retarded woman, was in her mid-twenties. The defendant was a residential aide who provided care to a developmentally disabled man named Rick Meserve at Mr. Meserve’s home. The complainant was a friend of Mr. Meserve who often visited him. A friendship developed between the…