STATE v. FROST

No. 94-795.

141 N.H. 493 (1996)

THE STATE OF NEW HAMPSHIRE v. JOEL FROST

Supreme Court of New Hampshire.

December 18, 1996.


Attorney(s) appearing for the Case

Jeffrey R. Howard, attorney general (Jeffrey S. Cahill, assistant attorney general, on the brief and orally), for the State.

Andrew R. Schulman, public defender, of Manchester, by brief and orally, for the defendant.

Wiltrud R. Mott-Smith, of Concord, by brief, for the Disabilities Rights Center, Inc., as amicus curiae.


BROCK, C.J.

The defendant, Joel Frost, appeals his convictions on two counts of aggravated felonious sexual assault for engaging in sexual penetration with a "mentally defective" person in violation of RSA 632-A:2, I(h) (1996). We reverse and remand.

At the time of the incidents in question, the complainant, a mildly mentally retarded woman, was in her mid-twenties. The defendant was a residential aide who provided care to a developmentally disabled man named...

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