State v. Cecotti

*180Corbett, J.

Defendant appeals his conviction of rape in the third degree.

Defendant was charged with rape in the second degree of a 16-year-old girl. He met the girl at the residence of two mutual friends. The four began drinking alcoholic beverages in the morning and continued to do so throughout the day, apparently smoking marijuana during the afternoon. Later in the afternoon, the defendant and the victim were left alone. While watching television, they began kissing and adjourned to a bedroom in the house. It is disputed whether the two had sexual intercourse at this time. Defendant…