State v. Brown

Otis, Justice.

Defendant was tried and found guilty of attempting sexual intercourse with an inmate of a state hospital who, by reason of her mental deficiency, was incapable of giving consent. He was sentenced to a term of imprisonment not to exceed 7 years and appeals from the conviction.

At the time of trial defendant stipulated that the victim was not mentally competent to testify, 2 but did not concede that she was incapable of giving consent. On the contrary, defendant took the position, that she had been the aggressor and he had merely acquiesced in her overtures. In this posture of the…