People v. Brown

Defendant was convicted, after jury trial, of involuntary manslaughter and aggravated sexual assault. Defendant beat victim severely about the head, causing hemhorraghing. Incapacitating effects of physical beating can rob victim of ability to give knowing consent. Rational trier of fact could have found that victim could not give knowing consent as a result of severe beating by Defendant, whether she was conscious or unconscious at time of intercourse shortly after beating.(McLAREN and JORGENSEN, concurring.)