CA4/3

FACTS

The Party L.R. was a high school senior in May 2013 when he had a party at his parents’ home while they were away. About 15 people attended the party. L.R.’s classmate and friend, Henry, was at the party. Another of L.R.’s friends arrived at the party with two males and three females, including Jane Doe and her sister K.Y. L.R. told everyone he would not allow any “sexual relationships” in his house. Doe was intoxicated when she arrived at the party. Doe smoked marijuana and continued to drink heavily to the point she could not walk normally. At one point, she was lying on a lounge chair in the backyard trying to fall asleep. Henry’s friend, U.G., sat down next to Doe. U.G. said to Doe, “DTF,” which meant, “Down To Fuck?” as a joke to see how intoxicated she was. Doe did not respond. Around midnight, L.R. opened a sofa bed for Doe and her friends. At one point, Doe’s friend, J.R., and K.Y. helped Doe to the bathroom and laid her on the floor next to the toilet. L.R. went to the bathroom and found Doe lying on the bathroom floor. He asked her if she was okay. Doe said: “‘Yes. Leave me alone. Turn off the lights. I’m fine.’” Later, Doe came out of the bathroom and lay down on…