A 23-year-old man suspected of having a four-month sexual relationship with a 20-year-old developmentally disabled Half Moon Bay woman will learn later this year if he'll stand trial for rape.
Luis Mendez Vasquez is charged with four counts of rape against the woman who prosecutors report has the mental capacity of a preschooler. Vasquez has pleaded not guilty to the charges and will learn at a preliminary hearing if sufficient evidence exists to take him to trial. He was scheduled to set that hearing date yesterday but instead continued to waive his right to a speedy trial. Vasquez now returns to court July 19 to set a new date.
Beginning Nov. 1, 2004, Vasquez and the victim had an ongoing sexual relationship for four months until her father discovered what was going on and alerted Half Moon Bay police, according to the District Attorney's Office.
Prosecutors did not disclose how Vasquez and the woman know each other or where the alleged incidents took place.
Even if Vasquez did not physically force the woman to comply, he can still be charged and convicted of rape under California law. The Penal Code allows that a mental disorder or developmental or physical disability can render the victim incapable of giving legal consent. The law also states that the person allegedly committing the act should know or reasonably be assumed to know that the other party is incapable. Vasquez remains in custody in lieu of $200,000 bail.
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Keep the discussion civilized. Absolutely NO personal attacks or insults directed toward writers, nor others who make comments.
Keep it clean. Please avoid obscene, vulgar, lewd, racist or sexually-oriented language.
Don't threaten. Threats of harming another person will not be tolerated.
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Be proactive. Use the 'Report' link on each comment to let us know of abusive posts.
PLEASE TURN OFF YOUR CAPS LOCK.
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