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New Trial In Disabled Sadomasochistic Sex Case

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File photo of a judge's gavel. (Photo by Chip Somodevilla/Getty Images)

File photo of a gavel. (Photo by Chip Somodevilla/Getty Images)

DAVE COLLINS
Associated Press

HARTFORD, Conn. (AP) — Connecticut’s highest 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 ruling came Monday in the case of a Greenwich woman who sued a man she says had a sadomasochistic relationship with her daughter, who was mentally ill and partially paralyzed. Mary Kortner says her daughter wasn’t able to consent to such a relationship with fellow Greenwich resident Craig Martise.

A jury found in Martise’s favor in 2009, a year before Kortner’s daughter died at age 39.

But the Connecticut Supreme Court granted Kortner’s request for a new trial, saying the jury mistakenly was given a document that wasn’t properly admitted into evidence.

 

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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