The case against a 42-year-old Hutchinson man arrested for an alleged raping of a 27-year-old Hutchinson woman is on hold while a mental evaluation is completed.

Larry Frye Jr. is accused of raping the woman on New Years Day at a home here in Hutchinson and his attorney believes he may not be competent. Attorney Alice Osburn told Judge Joe McCarville that he is new to the court system, he is low functioning and has a history of mental issues including a learning disability. He has been treated at Horizon’s Mental Health Facility in the past. Judge McCarville went along with the request with no opposition by the state and granted the evaluation. So, for now the case is on hold.

Frye is charged with two alternate counts of rape with two alternate theories of the crime. One states that the victim was unconscious or physically powerless to give any consent. The second states that victim could not give consent because of the effect of alcohol which they allege Frye should have known or was reasonably apparent to him.

The case starts with the victim going to Hutchinson Regional Medical Center for treatment after the the incident and hospital officials contacted police. The victim didn’t know Frye with her room-mate bringing Frye to the home. It was early morning New Years Day when the alleged encounter occurred.