The Second Appellate District affirmed a judgment. The court held that substantial evidence supported a jury’s finding that a disabled minor with severe communication difficulties whom a defendant was convicted of sexually assaulting was mentally incapable of consenting to the offenses he committed.
Fifteen-year-old Jane Doe had cerebral palsy that resulted in seizures. Doe slept in a trailer with her father and her thirteen-year-old brother Vincent. After Doe’s father left for work early one morning in October 2008, Robert Miranda, Doe and Vincent’s grandfather, got into bed with Doe.