P.

FACTS

Defendant Borja is the maternal uncle of Jane Doe. When Doe was young, Borja lived in her home. Later, she stayed for a month at his trailer home when she moved to California. They have never had a romantic relationship. Doe turned 25 on October 30, 2011, and celebrated by meeting friends for dinner. Borja was the “designated driver” and drank one beer at the birthday party. Doe had “at least five” drinks, including a Long Island iced tea, an apple martini, a soft drink with two shots of alcohol, plus another shot. After drinking the last shot, she went to the dance floor and danced a little, but not with Borja. “After that I blacked out. I don‟t remember anything.” She does not recall leaving the restaurant. A friend nicknamed “Tita” traveled to the birthday party with Doe and Borja. Tita had one or two margaritas. She saw Doe consume multiple drinks: at the end of the evening, Doe “was fairly drunk because she couldn‟t keep her balance.” Doe had to be helped to the car, was stammering, and fell. Borja showed no sign of intoxication, and was able to drive and communicate. Borja drove Tita home. Tita described Doe as “fairly unconscious” during the ride. Borja and Doe drove…