Milligan v. State

OPINION

BOLGER, Judge.

N.P. was drinking at a bar with a group of people, including Moses Milligan. After the bar closed, N.P. invited the group to continue drinking at her house. N.P. testified that she woke the next morning to find Milligan on top of her, engaging in sexual penetration. Milligan was convicted of sexual assault in the first and second degrees.

At trial, Milligan claimed that N.P. experienced memory loss and did not remember consenting to sexual intercourse. He attempted to introduce evidence that N.P. experienced other aleohol-related memory losses near the time of this…