I've charged a defendant with two charges of Aggravated Sexual Assault of a Child and Indecency with a Child. His defense attorney is now raising an insanity defense asserting that as a result of Asperger's syndrome he did not know that his conduct was wrong. Has anyone dealt with Asperger's as a basis for an insanity defense? If so, what was the result? And can anyone recommend a forensic psychiatrist in the Houston area for the court to appoint for the evaluation of the defendant?

I know Asperger's is considered an autism specturum disorder and there are various degrees of impairment, but I can't imagine that it would rise to the level of legal insanity. Remember it has to be a "severe mental disease of defect" and there has to be a causal connection between his actions and his illness, and because of the mental illness he doesn't know his conducet is wrong. I doubt it. Subpoena his school records and any doctor/therapist records you can get your hands on. Especially with a crime like this, he's going to have a hard time. He's proabably not having a hallucination telling him to molest a child.

I agree with Jane. You might look at the definition of a "mental illness" in Tex. Health& Safety Code 571.003(14) which requires that the condition "substantially impairs a person's thought, perception of reality, emotional process, or judgment...or grossly impairs behavior." Secondarily, look at Bigby v. State, the controlling case on insanity. 892 S.W.2d 864 (Tex. Crim. App. 1994).

Oh, on forensic psychiatrist. While the statutes permit either psychologists or psychiatrists qualified under 46C.102, I just gave Natalie S. the name of Andrea Solar, MD, board certified and at Baylor as an option.

Thank you both for the information and the suggestions!

Yeah, well I can't spell, either, as it is "Andrea Stolar, MD". ....