People v. Roldan

Defendant was convicted, after joint bench trial with a codefendant, of 2 counts of criminal sexual assault and sentenced to consecutive terms of 4 years. Testimony from State and defense witnesses that, although victim had consumed alcohol on night of incident, she did not appear impaired to the point where it was obvious that she could not consent, and her speech was normal and she was speaking in a normal cadence and not slurring. Evidence was insufficient to meet State's burden to show beyond a reasonable doubt that Defendant knew that victim was incapable of giving knowing consent. (CONNORS and HARRIS, concurring.)