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United States v. Betone

636 F.3d 384 (2011)

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United States v. Betone

United States Court of Appeals for the Eighth Circuit
636 F.3d 384 (2011)

  • Written by Heather Whittemore, JD

Facts

In 2005 Jeffrey Betone (defendant) and Tate Jensen got drunk at a house party and stayed the night, too drunk to go home. At some point in the night, Betone performed oral sex on Jensen while Jensen was asleep. When Jensen woke up and discovered Betone in the act, he physically assaulted Betone and left the house. Three years later, Betone was arrested for sexual assault after a man with a diminished mental capacity told police that Betone threatened him into having sex without his consent. During the investigation, police learned about the previous incident between Betone and Jensen. Betone was charged with multiple counts of sexual abuse. At trial, Jensen testified that he was asleep when Betone performed oral sex on him, and that he physically assaulted Betone after waking up and discovering him. Betone gave conflicting testimony, saying that Jensen was awake and consented. A jury convicted Betone of violating 18 U.S.C. § 2242(2) by knowingly engaging in a sexual act with Jensen when Jensen was physically incapable of consenting. Betone appealed, arguing that there was insufficient evidence to support his conviction under § 2242(2).

Rule of Law

Issue

Holding and Reasoning (Murphy, J.)

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