United States v. James

Facts

Victim T.C. is disabled by cerebral palsy. She cannot take care of herself, needs help eating grooming, and using the bathroom, and cannot walk without assistance. She cannot get in and out of her wheelchair and needs to be strapped in to avoid falling out. She also has no mobility in her hands and is largely nonverbal. She can nod yes or no, but even her caregiver of over 8 years does not know what she is saying most of the time. She ca cry and express anger and grunt when she is done going to the bathroom and needs assistance getting back in her chair.

One day a family member caught the defendant having sex with T.C. with a blanket over her. Defendant was adopted and raised by T.C.’s grandparents who also raised T.C. after the death of her mother during childbirth. T.C. was rushed to the hospital where examiners found torn tissue and bleeding. The nurse said T.C. was unresponsive and unable to answer her yes or no questions. James admitted to the sexual contact stating he was ashamed and that she just laid there the whole time. Because the incident happened on a reservation, defendant was charged with two counts of sexual abuse of an individual with the physical incapacity to deny consent.