State v. Chaney

The opinion of the court was delivered by

Six, J.:

Jason Chaney, age 18, was convicted of raping 14-year-old K.G. who was too intoxicated to consent to sex. The Court of Appeals, in an unpublished opinion, reversed Chaney’s conviction reasoning that, because the victim said “no” and called out for help, she was both sober enough to refuse sex and sober enough to consent to sex. The reversal is based solely on K.G.’s ability to say “no” and call for help during the incident. The Court of Appeals said: *11“Consent is a two-edged sword; on the one side is consent and on the other is refusal to…