The case against a 42-year-old Hutchinson man arrested for an alleged raping of a 27-year-old Hutchinson woman will be on hold even longer now that a mental evaluation completed by Horizon’s Mental Health Center showed he’s incompetent.

Larry Frye Jr. is accused of raping the woman on New Years Day at a home here in Hutchinson and his attorney Alice Osburn had earlier stated she didn’t believe he was competent for the case to continue. He’s low functioning according to Osburn and has a history of mental issues including a learning disability. He has been treated at Horizon’s in the past. They deemed him incompetent in the recent evaluation, so Judge Joe McCarville agreed that he should be sent to Larned for further test over his competency.

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 that it 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 apparently bringing him to the home. It was early morning on New Years Day when the alleged encounter occurred.

Again, the case is on hold while more test over his competency are completed at Larned.