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A woman who goes by her initials L.K. has a severe form of cerebral palsy. She is 29 years old, and throughout a recent court testimonial, she could only communicate by pointing at letters to spell words, or by pointing to the words “yes” and “no.” It took her four days to finish her testimony.
She was testifying against Richard Fourtin Jr., a man who she says sexually assaulted her. He was dating her mother at the time. The Connecticut Supreme Court sided with Fourtin, claiming that L.K. still could have communicated her refusal despite her ability to talk.
The decision rested on testimony from one of L.K.’s aids who claims that she kicks and groans when she receives food that she does not want.
“[N]o reasonable jury could have concluded that she was physically helpless at the time of the assault,” the Appellate Court said.
Ruling Inspires Outrage, Possible New Legislation
Disability rights groups expressed outrage over the decision. James McGaughey , executive director of the Office of Protection and Advocacy for Persons with Disabilities, said that people with disabilities are more likely than able-bodied people to experience sexual assault.
“Our justice system should provide them with protection, not require them to resist their attackers,” he said.
State Rep. Gerald Fox III (D-Stamford), who was recently named Legislator of the Year by a mental health advocacy group, vowed to change the law to prevent similar rulings in the future. He said that he would push for a clarification in the state’s assault laws.
This is a heartbreaking case, and we hope that Fox succeeds in his efforts to prevent rulings like this in the future. Our disabled population deserves protection
If you know someone born with cerebral palsy, you may have options to seek justice against medical negligence that caused that condition. Contact our lawyers today to schedule a free consultation and learn more about your rights. Call 1-800-460-0606.
Cappolino Dodd Krebs LLP – cerebral palsy lawyers
