State v. Scherzer

Kevin Scherzer, Kyle Scherzer, and Christopher Archer (defendants) were charged with sexually assaulting M.G., a mentally challenged young woman, who testified she performed the sexual acts at their urging but was not physically forced and in fact consented. Extensive testimony established M.G. had poor self-esteem, was mentally slower than her peers, was frequently ridiculed, and could easily be led by people whose approval she sought; three experts testified she was mildly mentally retarded and likely to comply with almost any request, incapable of meaningfully exercising a right to refuse sexual contact. The defendants were convicted of first-degree aggravated sexual assault by force or coercion, as well as aggravated sexual assault on a mentally defective person, and appealed.