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Subject WTMF: Rapist Being Released after Court Decides the Paralyzed Woman Could have Bit Him to Avoid Rape

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-Man convicted of raping a then-26-year-old girl who has severe cerebral palsy and mental retardation

-Sentenced to six years in jail upon 2008 conviction

-Appeal overturned the ruling, saying that the woman could have bit or kicked him to stop him even though she can only move her index finger

A man was set free after allegedly raping a woman who had such severe cerebral palsy that she cannot speak.
Richard Fourtin was released from jail after his appeal was approved because the judges felt that even though she is extremely handicapped, she could have tried to make him stop sexually assaulting her by kicking or biting him.
The verdict sparked outrage as now victim’s rights advocates fear it sets a dangerous precedent by setting the bar extremely high for disabled individuals who try to press charges after sexual assault.
At the time of the attack in late 2005, Fourtin was dating the victim’s mother. The name of the victim, who was 26-year-old at the time, has never been released and was referred to in court using only her initials L.K.
The woman is so physically restricted by her cerebral palsy, she can only communicate using her right index finger. She has mental retardation and NBC Connecticut reports that she has the ‘intellectual functualy equivalent of a 3-year-old’.
He was convicted of attempted second and fourth degree sexual assault in January 2008 and was sentenced to six years in prison.
When the case reached the Appelate Court last year, the victim was able to testify in court because the Connecticut Post reports that the prosecutors placed a tray in front of her with a piece of paper with a sheet showing the letters of the alphabet and the words ‘yes’ and ‘no’.
From there she used her left hand to push her right hand so that her index finger would be pointing to the words or letters she needed to use to respond to questions.
Her testimony took four days due to the process.

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