I rarely agree with these “Care 2” Petitions, but I have to make an exception for this one—a sexual assault on a mentally incompetent woman IS rape…..


This was my reaction to the story reported below, and I published it on the “Care 2” Petition site—I cannot think of any more reprehensible decision than this by any court in a criminal case…. this IS the bottom of the barrel.

Any forceful attack on a woman for the purpose of sexual coercion is obviously rape, but on a disabled woman?  This is a psychopathic crime and to my mind it is unbelievable that Connecticut or any other state would allow this man to live, after assaulting a helpless woman, much less to walk free….  I will freely agree that the concept of “rape” is overused in the contexts of statutory and especially “date rape” and that women have abused the system by charging men with “rape” during divorces, custody battles, and by “changing their minds” afterwards—but in this instance, where the woman involved was not PHYSICALLY capable of giving consent, with the mental capacity of a 3 year old who could not speak, something very close to “statutory rape” should be applied.  Only the sickest and most disgusting male would imagine that this girl could have given consent.  Men who force truly helpless 3 year old girls and women with that mental capacity to have sex do not deserve to live.  Pure and simple—hang him! I’d rather see lynching legalized than to allow this guy to walk free on the streets.

http://www.thepetitionsite.com/takeaction/819/522/417/?z00m=20428416

Close the Loophole That Freed Disabled Woman’s Rapist From Conviction

  • Target: Connecticut Legislature and Governor Dan Malloy
  • Sponsored by: Care2.com
The Connecticut State Supreme Court overturned a sexual assault conviction on the basis that a mentally disabled woman with cerebral palsy and no verbal communication abilities did not “effectively communicate” her lack of consent when she was raped by Richard Fourtin, Jr.

Although the 26 year-old woman has the mental capabilities of a 3 year old and cannot speak, the Court insists that “biting, kicking, scratching, screeching, groaning, or gesturing” would have been necessary to convict Fourtin of rape. By this ruling, Connecticut’s court system is arguing that if a mentally disabled person does not put up a fight, then this must mean they have given their consent.

Since the woman cannot talk and her movements are restricted to the point where she normally only moves her right index finger, it is ludicrous for the court to expect her to kick and scream.

So I signed the Petition and urge others to do so (although I probably would disagree with the general broadening of rape laws—I think it is more important to support the specific facts of this case as constituting First Degree Rape):
Dear Governor Malloy,

As the law stands right now, the rapists can sexually assault the mentally disabled without legal ramifications. Laws protecting citizens from rape and assault must protect all citizens, regardless of mentally or physical disability.

A sexual assault conviction was recently overturned by Connecticut’s State Supreme Court because the court’s justices claimed that the victim did not sufficiently express her lack of consent.

The victim has the mental capabilities of a 3 year old, cannot speak, and can barely move–yet she was expected to kick and scream in order to be protected from rape under state law.

The law makes it so any mentally or physically disabled person that is not able to express a lack of consent is, by default, automatically consenting to any rapist or assaulter. Having the state of mind of a 3 year old, no verbal communication abilities, and severe cerebral palsy should be accounted for in Connecticut’s presently narrow rape laws.

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