People v. Morales
| Decision Date | 31 March 1988 |
| Citation | 528 N.Y.S.2d 286,139 Misc.2d 200 |
| Parties | The PEOPLE of the State of New York, v. Raul MORALES, Defendant. .A.S. 28 |
| Court | New York Supreme Court |
Paul Gentile, Dist. Atty., Bronx County by Pamela Naughton, of counsel, for People.
Defense Atty. Michael Torres, Bronx, for defendant.
The defendant is on trial before a jury.
At the conclusion of the People's case the defendant moves for a trial order of dismissal of a three count indictment, in particular, the second count, which accuses the defendant of the crime of Rape in the First Degree, P.L. Section 130.35(2), in that he did engage in sexual intercourse with the complainant, a female who was incapable of consent by reason of being physically helpless.
The court must evaluate whether as a matter of law the People have failed to present evidence which is legally sufficient to establish the offense charged. (See C.P.L. Section 290.10).
The evidence presented at trial, which is accepted as true for purposes of this motion, indicates that the complainant suffers from muscular dystrophy rendering her paralyzed from the neck down and wheelchair bound. On the evening of June 20, 1987 the defendant entered the complainant's apartment while she was alone, removed her from her wheelchair and carried her to the bedroom where he placed her on the bed and proceeded to rape her. During the course of the incident the victim verbally protested and expressed her fear and outrage. She told the defendant to cease his actions and attempted to physically resist but was unable to do so because of her total paralysis. The defendant left the victim in her bed, where she was compelled to remain until her husband returned home, some six hours later.
Defendant was indicted for the crimes of Rape in the First Degree, P.L. Sect. 130.35(1) (forcible compulsion) and rape in the First Degree, P.L. Sec. 130.35(2) (physically helpless) and other crimes.
The issue to be resolved is whether the complainant's total physical helplessness due to muscular dystrophy renders her, "incapable of consent by reason of being physically helpless." (P.L. Sect. 130.35(2)).
"Physically helpless" is defined as follows: [it] "means that a person is unconscious or for any other reason is physically unable to communicate unwillingness to an act." (P.L. Sect. 130.00 sub. 7).
The Practice Commentary to McKinney's Laws notes that, Donnino, Practice Commentary to Article 130 McKinney's Penal Law (1987).
"Mentally incapacitated means that a person is rendered temporarily incapable of appraising or controlling his conduct owing to the influence of a narcotic or intoxicating substance administered to him without his consent, or to any other act committed upon him without his consent." (P.L. Sect. 130.00(6)).
As noted in The Practice...
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State v. Fourtin
...Penal Law “is not satisfied by an inability to move one's body [when] the victim is able to protest verbally”); People v. Morales, 139 Misc.2d 200, 202, 528 N.Y.S.2d 286 (1988) (“although [the victim, who was paralyzed from the neck down] was indeed physically helpless in the ordinary sense......
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United States v. James
...a physically restrained or disabled victim verbally or non-verbally indicates lack of consent. See, e.g., People v. Morales, 139 Misc.2d 200, 528 N.Y.S.2d 286, 286–87 (N.Y.Sup.Ct.1988) (dismissing one count because the victim, who "suffers from muscular dystrophy rendering her paralyzed fro......
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State v. Fourtin
...speak, not physically helpless), appeal denied, 85 N.Y.2d 971, 653 N.E.2d 627, 629 N.Y.S.2d 731 (1995), and People v. Morales, 139 Misc. 2d 200, 201-202, 528 N.Y.S.2d 286 (1988) (The victim, who "suffers from muscular dystrophy rendering her paralyzed from the neck down and wheelchair bound......
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State v. Stevens
...603 N.Y.S.2d 179 (profoundly mentally retarded woman who could grunt and mumble not "physically helpless"); and People v. Morales (1988), 139 Misc.2d 200, 528 N.Y.S.2d 286 (woman unable to move her arms or legs due to muscular dystrophy not "physically helpless" since she could speak). ¶ 34......