Sacto 9-1-1
February 19, 2009
Rape case jury doesn't buy birth-defect defense

From Bill Lindelof:

A Sacramento man was found guilty of having sex with a minor despite his defense that a birth defect prevented him from having sex without pain.

Henry James Fluker Jr., 35, was convicted Feb. 13 by a Yolo County jury of multiple offenses that included statutory rape. The victim was identified as a 17-year-old developmentally disabled girl.

At trial, the jury heard evidence that Fluker met the teen in Sacramento, according to a press release from the Yolo County District Attorney's office.

The release gave this account of the case:

The girl would often run away from her Davis home to stay with Fluker on the streets in Sacramento.

She was eventually placed in a foster home in Marysville. However, Fluker took a bus to Marysville and brought her to live with him in Sacramento.

The teen testified the two had sex in a motel and an abandoned house in West Sacramento, but at trial Fluker denied her account.

Fluker submitted that he was born with a birth defect that made the act of sex extremely painful. However, an urologist with the Woodland Health Clinic said that the defect Fluker claimed does not normally cause pain during sex.

Fluker is scheduled to be sentenced March 16. He faces a maximum of six years and eight months in state prison.

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