Facebook Faaeseiga Siu
Prosecutors say that 21-year-old Faaeseiga Siu was wasted when he came back to his buddies' apartment in Auburn on the night of April 30. Soon afterward, Siu's friends say they heard him having sex in one of the rooms. They say they didn't know until after he was done that the girl he was having sex with was a 17-year-old with Down's syndrome.
"Siu denied having sex with [the girl]," the detective wrote on May 10. "Siu then left out a bedroom window and has not been seen since."
Siu was arrested the following day, May 11, and remains jailed on a single charge of third-degree rape.
Prosecutors [maintain that] the girl, because of her condition, was unable to consent to sex with Siu.
Here's what Washington law says about sex with developmentally disabled people.
(1) A person is guilty of rape in the second degree when, under circumstances not constituting rape in the first degree, the person engages in sexual intercourse with another person:
(a) By forcible compulsion;
(b) When the victim is incapable of consent by reason of being physically helpless or mentally incapacitated;
(c) When the victim is a person with a developmental disability and the perpetrator is a person who is not married to the victim and who:
(i) Has supervisory authority over the victim; or
(ii) Was providing transportation, within the course of his or her employment, to the victim at the time of the offense;
(d) When the perpetrator is a health care provider, the victim is a client or patient, and the sexual intercourse occurs during a treatment session, consultation, interview, or examination. It is an affirmative defense that the defendant must prove by a preponderance of the evidence that the client or patient consented to the sexual intercourse with the knowledge that the sexual intercourse was not for the purpose of treatment;
(e) When the victim is a resident of a facility for persons with a mental disorder or chemical dependency and the perpetrator is a person who is not married to the victim and has supervisory authority over the victim; or
(f) When the victim is a frail elder or vulnerable adult and the perpetrator is a person who is not married to the victim and who:
(i) Has a significant relationship with the victim; or
(ii) Was providing transportation, within the course of his or her employment, to the victim at the time of the offense.
(2) Rape in the second degree is a class A felony.