SACRAMENTO (CBS13) — A former Sacramento Police officer accused of raping a disabled stroke victim multiple times doesn’t deny having sex with her.

Prosecutors say Gary Baker admitted he had sex with the 76-year-old woman, while his attorney says the woman welcomed the relationship with Baker.

While Baker didn’t want to talk about the case, his attorney, Linda Parisi had plenty to say.

“The witness could not demonstrate that she understood the questions nor could she communicate in an intelligible fashion,” she said.

Prosecutors say starting in 2010, Baker raped the elderly victim multiple times. He was arrested after one of her family members became suspicious and set up a surveillance video camera. Footage shows Baker visiting the home.

Parisi says that’s true.

“Mr. Baker went to the house and knocked on her door,” she said.

Police say they later got a statement from the victim saying she had been raped.

Parisi calls the elderly woman’s statements “unreliable” because the stroke victim has trouble speaking. She says the woman’s family helped piece together a police statement.

“And instead what you have is family members who seek to interpret instead of using the words of the individual,” she said.

But prosecutors submitted even more compelling evidence—Baker’s DNA was found in the victim’s bed and on her body.

“Well certainly there is evidence that they had an encounter together,” Parisi said.

She says the rape charges should be thrown out, because she contends the disabled stroke victim and her client were actually lovers and the sex was consensual.

But the judge ordered the case to trial. Jury selection is set for August, and the trial will likely begin in September or October.