A youth was charged with sexual assault following an incident at a beach party where the complainant, who was 14 years old, consumed a substantial amount of alcohol and became extremely intoxicated.
The accused admitted to having sexual intercourse with the complainant but claimed she had consented.
The court found that the complainant was incapacitated by alcohol and lacked the minimal cognitive capacity to consent to sexual activity.
The court further found that the accused knew or was reckless or willfully blind to the complainant's incapacity and failed to take reasonable steps to ascertain consent.
The accused was convicted of sexual assault.
