Lewis

FACTS

After a romantic dinner at home, S. Doe (Doe) went to a bar with her boyfriend, D. Lopez. At the bar, Doe first lost her cell phone, and after meeting Lewis, lost her memory before leaving the bar with Lewis. The next morning, Doe was found in a park, unconscious and wrapped in a sheet; she had been sexually assaulted. After a two-year investigation that included reviewing the bar’s video surveillance and cell phone records, officers arrested Lewis. An amended information charged Lewis with rape by an intoxicating substance (Pen. Code, § 261, subd. (a)(3), all further statutory references are to the Penal Code) (count 1), and kidnapping to commit rape (§ 209, subd. (b)(1)) (count 2). Lewis’s first trial resulted in a mistrial when the jury could not reach a verdict. At his second trial, the parties offered the following evidence.

I. Prosecution Evidence

In August 2011, 22-year-old Doe was near the end of her summer au pair job and would soon return home to Ireland to finish her college degree. She and Lopez had just started dating. Her host family was on vacation, and she had the weekend off. She invited Lopez over for dinner. Lopez brought a bottle of wine, and they…