How someone gets convicted of anything based on these facts:
On March 19, 2005, the victim had fallen asleep on the living room couch in her mother’s home. Her mother awoke her and instructed her to go upstairs to bed so that the defendant could sleep on the couch. The victim went upstairs but later went to the basement to smoke a cigarette. The defendant came to the basement, sat beside the victim on a couch and also smoked a cigarette. The victim and the defendant played a card game, and the defendant offered the victim a glass of beer, which she refused. The defendant also asked the victim if she wanted to take the drug ecstasy, which the defendant did not have in his possession, but attempted unsuccessfully to get via the telephone.
The defendant noticed a ‘‘hickey’’ on the victim’s neck and asked how she got it. The victim responded that her boyfriend had given it to her. The defendant touched the ‘‘hickey’’ and looked at the victim in a manner that she considered weird. The defendant kissed the ‘‘hickey,’’ released the victim’s bra, touched her breasts and placed his mouth on them. The defendant talked to the victim about her being his wife, marriage, children and getting a place together. The defendant also removed the victim’s pants and asked the victim for a condom, which she did not have and refused to get from upstairs. The victim asked the defendant what he was doing. The defendant assured her that it was all right, as she was his wife. The defendant removed a tampon from the victim and performed cunnilingus.
Although the victim resisted the defendant’s advances, she did not fight or try her hardest to stop him. She did not call for her mother, who was upstairs sleeping. The defendant’s sexual assault lasted approximately one-half hour. The victim then put on her clothing, went upstairs to her older sister’s bedroom and fell asleep.
