State v. Warden

The opinion of the court was delivered by

Abbott, J.:

The defendant, Marc R. Warden, was convicted of indecent liberties with a child. This direct appeal raises issues concerning the victim’s competency to testify and ability to communicate.

The alleged victim, JK, 12 years old at the time of trial, was diagnosed with autism and severe or profound mental retardation. Autism is a developmental disability which typically arises during early childhood. Autism is defined in the American Psychiatric Ass’n, Diagnostic & Statistical Manual of Mental Disorders § 3, p. 38 (3d ed. rev. 1987) and may…