People v. Rivera CA3

FACTS AND HISTORY OF THE PROCEEDINGS

The victim, M.D., attended a party at defendant’s mother’s house on the night of February 15, 2018. M.D. took prescription medicine, pain killers, and cocaine prior to the party, and consumed hard alcohol at the party. Towards the end of the night, M.D. became concerned that she was too intoxicated to drive home safely and decided to take a nap in the house to sober up. She asked defendant, then 22 years old, if she could nap in the house; defendant agreed and suggested M.D. sleep in his bed. M.D. complied. She followed defendant into his room, laid on top of the covers of his bed with her clothes on, and fell asleep. M.D. awoke to defendant taking her pants off. She had had no prior discussion with defendant about any type of sexual conduct and had no desire for sexual engagement with defendant. Nevertheless, defendant inserted his finger into M.D.’s vagina over her protest. He then forced M.D.’s legs apart and put his penis inside her vagina even though she repeatedly said no. Defendant eventually stopped and fell asleep next to M.D. After defendant fell asleep, M.D. gathered her belongings and left the house. After leaving the house, M.D.…