LITTLE ROCK, Ark. (AP) - The Arkansas Supreme Court says a man
accused of raping a woman while she had been rendered helpless
can't use a defense claiming she consented to sex.
In a ruling Thursday, the high court said a person who is
physically helpless at the time of the rape is incapable of
The ruling came in an appeal by the Pulaski County prosecutor's
office of a decision by a trial-court judge to allow a rape-case
defendant, Jeff Parker, to offer evidence of the woman's prior
sexual conduct involving him. Parker argued such evidence should be
admissible because his defense is that the woman consented to have
sex with him on the occasion when he is accused of raping her.
The Supreme Court reversed that ruling and sent the case back to
Pulaski County Circuit Court.
(Copyright 2010 by The Associated Press. All Rights Reserved.)