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Page v. State

The mentally retarded 31-year-old rape victim was not capable of giving the defendant consent to sexual intercourse.

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Willie Ray Page was found guilty of rape and aggravated assault which merged with the rape count, and was sentenced to life in prison. On appeal he contends that his trial counsel was ineffective and that the evidence was insufficient to support the verdict. Construed in favor of the verdict the evidence shows the victim, L. J., was 31 years old and suffered from mental retardation, deafness, and seizures. She lived with Brenda W., her mother, and Page, who was engaged to Brenda at the time. Page’s sister also lived there and normally looked after L. J. while her mother was working.

On the morning of April 7, 2001, Brenda fed her daughter, administered her usual medication, and left her covered with a blanket lying in bed when she left for work. Because Page’s sister was away, Brenda left L. J. in Page’s care. She returned less than ten minutes later because she had forgotten her glasses, and she ran to get them in the bedroom. She found the door to the bedroom closed tight, which was unusual because they had a practice of not closing it tight because it would stick to the carpet. As she pushed the door open, Page said, “wait a minute, wait a minute.” When she got the door open, she saw Page naked, bent over her daughter, moving like he was trying to get up. Her daughter was not lying where Brenda left her, but was turned toward Page, on her back with her legs spread open “like she was actually getting a pelvic exam,” with her panties pulled to one side exposing her vagina. Brenda screamed and started beating Page while demanding to know what was happening. Two nephews in the house ran to the bedroom in response.

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