State v. Horak

The defendant, Christopher Horak, appeals his conviction of sexual assault for engaging in sexual contact with a person thirteen years of age or older whom he knew to be mentally defective. See RSA 632-A:4, 1(a), :2, 1(h) (2007). We reverse and remand.

The Manchester District Court (Champagne, J.) could have found the following facts. At the time of the assault, the defendant lived with the complainant and her mother and had been the boyfriend of the complainant’s mother for nine years. The complainant, who was then twenty-two years old, was born with disabilities and required daily care such…