State v. Hunt

JACKSON, Justice.

Defendant was convicted of second-degree sexual offense and crime against nature, based upon the victim’s age and inability to consent due to a mental disability. In this appeal we consider whether expert testimony is always necessary to establish whether a victim in such a case had the requisite mental capacity to consent. Because we hold that expert testimony is not required as articulated by the Court of Appeals, and that the State presented sufficient evidence to withstand defendant’s motions to dismiss, we reverse and remand.

On 25 May 2008, defendant and his wife hosted…