STATE v. AL-HAMDANI

No. 47227-5-I.

36 P.3d 1103 (2001)

109 Wash.App. 599

STATE of Washington, Respondent, v. Salah AL-HAMDANI, Appellant.

Court of Appeals of Washington, Division 1.

December 24, 2001.


Attorney(s) appearing for the Case

James E. Lobsenz, Neal Philip, Carney Badley Smith and Spellman, Seattle, for appellant.

Keith P. Scully, King County Deputy Prosecutor, Seattle, for respondent.


COX, J.

Salah Al-Hamdani appeals his conviction for second degree rape. He primarily argues that there was insufficient evidence to prove that the victim was incapable of consent by reason of the "alternative means" of "mental incapacity" at the time of the admitted sexual intercourse. We hold that "mental incapacity" and "physical helplessness" are not alternative means within the second degree rape statute. Rather, these terms provide an understanding of ways in...

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