HARTFORD, Conn. (AP) — The Connecticut Supreme Court has ruled that people don’t necessarily give up their ability to consent to sex when they are considered unable to handle their affairs and placed under the legal conservatorship of other people.
The court’s ruling on Monday came in the case of a Greenwich woman who sued a man she alleges had a sadomasochistic relationship with her mentally ill and partially paralyzed daughter. Mary Kortner says her daughter wasn’t able to consent to such a relationship with Craig Martise, also of Greenwich.
A state jury found in Martise’s favor in 2009, a year before Kortner’s daughter died at age 39.
But the Supreme Court granted Kortner a new trial, saying the jury mistakenly was given a document that wasn’t properly admitted into evidence.
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