People v. Rieder CA1/4

BACKGROUND

The information alleged that Rieder committed oral copulation of an unconscious person (§ 287, subd. (f)(1), count one) and sexual penetration by a foreign object of an unconscious person (§ 289, subd. (d), count two).

1 At trial, victim Jane Doe testified that she and her boyfriend attended a birthday party at a house in Marin for her boyfriend’s friend on the night of February 17, 2019.1 Jane Doe did not know the people at the party well, and she had never met Rieder, who was also at the party. Jane Doe’s boyfriend left sometime after midnight, but Jane Doe had wanted to stay longer to check on one of the female attendees who seemed upset earlier in the evening. Jane Doe’s boyfriend left her and did not answer her calls thereafter. At around 3:00 a.m., Jane Doe fell asleep, clothed, on a futon, with another couple sleeping on a blowup mattress nearby. She awoke without pants as Rieder touched her vagina and then her anus. She saw a bottle on the table nearby, grabbed it, yelled, and hit Rieder on the head with the bottle. Rieder testified that he interacted with Jane Doe as part of a group, and he described her as liking him platonically. He consumed seven to nine…