Hillhouse

The People appeal the dismissal of an information filed against Donald Ray Hillhouse. Hillhouse was charged with 10 counts of oral copulation of a person incapable of giving legal consent because of a mental disorder or developmental or physical disability (Pen. Code, § 288a, subd. (g)) and 10 counts of sexual penetration by a foreign object of a person incapable of giving consent because of a mental disorder or developmental or physical disability (§ 289, subd. (b)). All of the charges stemmed from Hillhouse’s alleged contacts with Brian K., a 14 year old who suffers from a degree of mental impairment. The trial court dismissed the information on the ground that sections 288a, subdivision (g) and 289, subdivision (b) were inapplicable to acts committed against a minor, because minors are incapable of giving legal consent to sexual acts, without regard to any mental impairment. We reverse.

Brian was bom in May of 1985. In September of 1999, Garden Grove police interviewed Brian in his parents’ home after a report was made alleging he was a victim of sodomy. Brian told the police about a man named “Buck” (later established to be defendant Hillhouse), whom he had met while…