United States Seventh Circuit

Evidence that alleged victim had drank a large quantity of beer and testified she would never consent to sex with the defendant is insufficient to show she was incapable of consenting to sex for sexual abuse in violation of 18 USC Section 2242(2)(B).

Appellate Information

• Decided 01/22/2002
• Published 01/22/2002

Judges

• KANNE, Circuit Judge., Before POSNER, RIPPLE, and KANNE, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Mario Gonzales (argued), Office of U.S. Atty., Milwaukee, WI, for U.S., John Storino (argued), Jenner & Block, Chicago, IL, for Michael A. Peters.