Impotence helps acquit man of rape charge - WALB.com, Albany News, Weather, Sports

Impotence helps acquit man of rape charge

February 10, 2005

Bainbridge- An unusual, and somewhat sexually graphic, defense in a south Georgia rape case.

A jury acquitted a man who claimed his sexual impotence made it impossible for him to have committed the crime. A Decatur County jury found Roy Brown not guilty on charges of rape and aggravated sexual battery.

Prosecutors said Brown coerced a woman onto the bed at this home and raped her. But the defense says he's been incapable of sexual activity for five years.

"He had been taking a number of prescriptions and his penis was extremely small, but that was just one element. The defense overall was that he was a more credible witness than all of the state's witnesses," said Gilbert Murrah, Brown's defense attorney.

"The jury heard the evidence and felt that there was insufficient evidence to convict and that's their job. I don't question that and this was a hard case," said District Attorney Joe Mulholland.

Brown also claimed the two had had a consensual intimate relationship that didn't involve sex for two years. There was no physical evidence of rape because the woman waited eight days to report it.

posted at 10:31 p.m. by brannon.stewart@walb.com