State v. Wallace

Summary

The court held that a person is incapable of consenting when an intellectual disability prevents the person, at the time of the sexual conduct, from exercising judgment about its significance and choosing whether to participate. The evidence, viewed favorably to the state, permitted a rational jury to find that the victim lacked that capacity, so the judgment of acquittal was properly denied. The court nevertheless reversed the conviction on Count 5 because it resulted from a nonunanimous verdict and remanded for a new trial on that count.