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

  • by: Care2.com
  • recipient: Connecticut Legislature and Governor Dan Malloy
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.

Tell Connecticut's legislature and Gov. Dan Molloy to close the loophole allowing rapists to legally assault the mentally disabled.
Dear [Decision Maker],

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.

Protect every person--including people with disabilities--from rape and assault!

Sincerely,
[Your name here]
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