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People v. Thompson

California Court of Appeal

142 Cal.App.4th 1426 (2006)

Relevant factsFree

Jason Thompson (defendant) worked as a caretaker at a group home for developmentally disabled residents and was convicted of raping a resident with Down syndrome after the prosecution presented substantial evidence of her limited cognitive ability and childlike understanding of sexual matters. Thompson appealed, arguing the evidence was insufficient to show she was incapable of giving legal consent.

IssueFree

Whether rape includes having sex with a person who is so mentally incapacitated as to be incapable of giving valid consent.

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