Man gets suspended sentence in rape case involving mental disabilities
BY BILL BRAUN World Staff Writer
Thursday, February 14, 2013
2/14/13 at 5:19 AM
A man received a five-year suspended sentence Wednesday in a rape case in which the defendant and his accuser are both developmentally disabled.
Jessie James Wolfe, now 21, pleaded no contest to two counts of first-degree rape involving a victim who has Down syndrome, according to a prosecutor.
The charge alleges that the victim was incapable of giving legal consent to sex acts.
A trial that had started in Tulsa County District Judge Tom Gillert's court was halted Wednesday - after the victim had given some testimony but before he was cross-examined - when a plea agreement was reached that imposed a five-year probation but does not require Wolfe to serve prison time.
Assistant District Attorney Andrea Brown said the victim's family was consulted regarding the resolution.
The outcome means that Wolfe is a convicted felon and must register as a sex offender.
Defense lawyer Patrick Adams said he planned to present an insanity defense based on a contention that Wolfe could not appreciate the consequences of his actions at the time of the alleged criminal conduct.
Wolfe is accused in one count of raping the victim, who is now 19, during the 2009-10 school year in a restroom at Owasso High School, which they both attended.
Wolfe also was charged with raping the victim during the summer of 2010 while in the victim's neighborhood, court records show.
An Owasso police affidavit indicates that Wolfe and his accuser both have mental retardation.
A school psychologist reported that Wolfe possessed "more advanced social skills" and is able to process information more easily than the accuser, the affidavit says.
Wolfe has been free on bond awaiting a resolution of the case.
Original Print Headline: Man handed five-year probation in rape case
Bill Braun 918-581-8455
bill.braun@tulsaworld.com
