Investigator Scott Ginn testified Monday that a 60-year-old Gainesville man raped a 20-year-old woman with an intellectual disability.
Ginn gave his testimony at a committal hearing about Frank Fielden King, who allegedly laid down next to the woman with a mental age of a 10-year-old between Dec. 7 and Dec. 8 in a camper at Bolding Mill campground in northwest Hall County.
King was charged on Jan. 9 with rape, two counts of misdemeanor sexual battery and two counts of aggravated sodomy.
Magistrate Court Judge Tracy Loggins heard arguments about whether the woman consented.
Public defender William David Hoffer, who represented King, addressed whether chronological age or cognitive age should be considered in the case, citing a 2002 Georgia Court of Appeals case.
In the case of State v. Lyons, the court rejected the idea the law defining rape as any sexual act with a “female who is less than (10) years of age” could be applied to the victim’s cognitive age.
Loggins ultimately moved all of King’s charges to Superior Court.
The case originated with the Forsyth County Sheriff’s Office, as it found the victim on the side of the road.
The 20-year-old was transferred to a Forsyth hospital, where she told police of the alleged sexual assault.
Family members informed authorities of the victim’s mental functioning, and a doctor performed a forensic interview on Dec. 22.
A search warrant, Ginn said, was performed at King’s residence, but nothing was seized by authorities.