PEOPLE v. JASON Part I
Where defendant performed sex acts on developmentally disabled woman, there was sufficient evidence that at the time and under the circumstances her mental impairment--exemplified by an inability to cook, use a bus, handle money, or hold down a real job--and particularly her impaired understanding of the sex acts involved, including ignorance as to what intercourse was, rendered her incapable of giving legal consent to sexual acts with defendant. Penal Code Secs. 288a(d) and 289(b), which requires that the victim be "incapable...of giving legal consent" and also that "this is known or reasonably should be known to the person committing the act...," are not unconstitutionally vague for lacking requirement that victim was so "grossly disabled" as to be "unable to make choices of any kind."
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