People v. Stasko CA1/5

I. FACTUAL AND PROCEDURAL BACKGROUND

Because sufficiency of evidence to support the verdict is not at issue, we present only a brief summary of the evidence presented at trial. In November 2012, B.S., who was 13 years old at the time, attended two parties at Stasko’s house where she consumed alcohol.2 B.S. said an adult female was at the first party who was “hanging out” with Stasko and “later on in the night they went into the room together by themselves.” At the

Undesignated statutory references are to the Penal Code. 2 B.S. admitted that she had previously told an investigator she only went to Stasko’s house on one occasion.

1 second party, B.S. began to feel tired after drinking alcohol, and fell asleep in Stasko’s bedroom after he said “[she] could go in there and that [she’d] be fine.” According to B.S., Stasko later woke her up, forced her to engage in oral sex, and raped her—once that night and once the following morning. Stasko, in his defense, presented testimony from a woman who stated she attended a party at Stasko’s house, sometime between August and November 2012, when B.S. was also present. The woman went to bed with Stasko, and woke up with him the…