Legislation
SECTION 130.16
Sex offenses; corroboration
Penal (PEN) CHAPTER 40, PART 3, TITLE H, ARTICLE 130
§ 130.16 Sex offenses; corroboration.
A person shall not be convicted of any offense defined in this article
of which lack of consent is an element but results solely from
incapacity to consent because of the victim's mental defect, or mental
incapacity, or an attempt to commit the same, solely on the testimony of
the victim, unsupported by other evidence tending to:
(a) Establish that an attempt was made to engage the victim in vaginal
sexual contact, oral sexual contact, anal sexual contact, or sexual
contact, as the case may be, at the time of the occurrence; and
(b) Connect the defendant with the commission of the offense or
attempted offense.
A person shall not be convicted of any offense defined in this article
of which lack of consent is an element but results solely from
incapacity to consent because of the victim's mental defect, or mental
incapacity, or an attempt to commit the same, solely on the testimony of
the victim, unsupported by other evidence tending to:
(a) Establish that an attempt was made to engage the victim in vaginal
sexual contact, oral sexual contact, anal sexual contact, or sexual
contact, as the case may be, at the time of the occurrence; and
(b) Connect the defendant with the commission of the offense or
attempted offense.