State v. Lisasuain

Armando Lisasuain (defendant), temporarily staying in the home of a 14-year-old victim, sat beside her on the couch after she moved her feet to make room, and she consented when he asked to rub her feet. He then asked if she'd ever had her toes sucked and began sucking them, commented on her attractiveness, and said he was "going to tear [her] up." He positioned himself near her head and asked if he "could go lower"; she did not respond. He then removed her pants and underwear, moved her legs around his shoulders, performed cunnilingus, and digitally penetrated her; she neither assisted nor spoke throughout. Lisasuain was convicted of aggravated felonious sexual assault and moved for judgment notwithstanding the verdict, arguing the statute's "words or conduct" standard for lack of consent required some affirmative expression of non-consent that the victim's silence and passivity couldn't satisfy.