Thomas Joseph Radford, Jr. v. the State of Texas

Summary

The Texas Court of Appeals for the First District affirmed Thomas Joseph Radford, Jr.’s conviction for sexual assault and eleven-year sentence. The court held that the evidence was legally sufficient to establish lack of consent and Radford’s knowledge that the complainant was unconscious and did not consent.

Holdings

1. The evidence was sufficient to establish lack of consent because the complainant was unconscious from drugs supplied by Radford when he began having sex with her, and she testified that she did not consent.
2. The evidence was sufficient for a rational jury to find that Radford knew the sexual encounter was without consent.
3. Viewing the evidence in the light most favorable to the verdict, a rational factfinder could have found the essential elements of sexual assault beyond a reasonable doubt.

Questions Presented

1. Whether the evidence was legally sufficient to support Radford's sexual-assault conviction when the complainant was unconscious when the sexual encounter began.
2. Whether the evidence was legally sufficient to establish that Radford knew the sexual encounter was without the complainant's consent.

Disposition

affirmed