Following a jury trial on July 29 and 30, 2013, Bryant Anthony Lake, appellant, was convicted of second degree rape in the Circuit Court for Dorchester County. The charges arose out of an incident in which appellant engaged in sexual intercourse with an intellectually disabled woman, T.M., on August 29, 2012.
During trial, the court admitted into evidence an educational assessment prepared several years before the incident by a school psychologist describing the extent of T.M.’s disabilities, and the court permitted an expert witness to testify about the assessment. On October 21, 2013, appellant was sentenced to twenty years’ imprisonment with all but fifteen years suspended. This timely appeal followed.
Appellant submitted the following questions for our review: 1. Did the trial court err in allowing into evidence an absent school psychologist’s written report on I.Q. testing of the complainant and his expert conclusions about her intellectual limitations, and in allowing a surrogate witness to summarize that report, where the pivotal issue in the case was the mental capacity of the complainant to consent to sexual intercourse?
2. Did the trial court abuse its discretion in denying the motion for new trial?