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Courts rule when mental capacity diminishes

gavel2 1 Maryland criminal statutes protect persons with mental disabilities from sexual crimes. The Court of Appeals last week addressed what must be proven in a rape case to establish the mental condition of the victim in order to prove such a crime, in a case called Miguel Fuentes v. State of Maryland.
The Court’s majority opinion indicates that Fuentes was convicted by a jury of second degree rape and another sexual offense, arising from a sexual encounter he had with a 38 year old coworker at a hotel. The victim, who was deaf, testified through a sign language interpreter to the encounter with the defendant. Her mother testified that the victim was disabled and had attended a high school class for students with disabilities, but was able to work in housekeeping. After noticing a change in her daughter’s behavior, she later discovered she was pregnant and gave birth to a child whom DNA evidence showed had by fathered by the defendant.

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