Howard v. State

Pope, Chief Judge.

Defendant was convicted by a jury of raping a 50-year-old woman who was mentally retarded and partially paralyzed. Following the denial of his motion for a new trial, he appeals the judgment entered on his conviction.

The victim testified that one night a man came into her bedroom where she was sleeping; that he moved her panties down, touched her with his penis and put it inside her; that she did not want him to do this; and that it hurt. The victim’s personal physician testified that the victim’s hymen was intact eight months prior to this incident, and the emergency room…