00-2441 U.S. v. Peters

Listen to this article

“The record is devoid of evidence establishing that Peters acted knowingly. Again, there was no evidence presented regarding Barbara’s physical state prior to 10:30 p.m., nor was there any evidence presented suggesting when, between 10:30 p.m. and 12:30 a.m., the sexual act occurred. … It is not rational to conclude beyond a reasonable doubt that because Barbara appeared intoxicated when her family and the police arrived at 12:30 a.m., she was physically incapable of declining participation when the sexual act occurred. Similarly, the leap to conclude that Peters knew that Barbara was physically incapable of declining participation in the sexual act is even more attenuated and one that a rational juror could not make. We simply cannot conclude that the evidence presented was sufficient such that any rational trier of fact could have found Peters guilty of each element of the offense beyond a reasonable doubt.”

Reversed and remanded.

Appeal from the United States District Court for the Eastern District of Wisconsin, Randa, J., Kanne, J.