United States v. Bell
United States Court of Appeals for the Seventh Circuit
505 F.2d 539 (1979)
Relevant factsFree
Bell (defendant) attempted to rape a geriatric hospital patient who, due to mental disease, was unable to comprehend what was happening to her; he was convicted of assault with intent to commit rape and appealed, arguing her incapacity to form reasonable apprehension of bodily harm precluded a finding of assault.
IssueFree
Whether a defendant may be guilty of assault where the victim lacked the mental capacity to form a reasonable apprehension of bodily harm.