United States v. James
United States Court of Appeals for the Ninth Circuit
810 F.3d 674 (2016)
The government prosecuted Christopher James (defendant) for sexually abusing T.C., a woman with cerebral palsy who needed help with all major life activities and was almost entirely immobile without a wheelchair. Although often unintelligible, T.C. could express displeasure or satisfaction through glances, nods, grunts, and moans, and sometimes gave simple yes-or-no answers. A relative found James, who was drunk, having sex with T.C. and took her to the hospital, where a nurse testified T.C. could not answer simple yes-or-no questions. The jury convicted James, but the trial judge entered a judgment of acquittal, ruling the government hadn't proven T.C. was totally physically helpless. The government appealed.
Whether federal law protects a person who is physically incapable of resisting or articulating non-consent to a sexual act, even if that person is not completely helpless.