The South Dakota Supreme Court has upheld the conviction of Roger Jackson for third-degree rape.
Jackson was convicted in 2018 for having sex with a dementia patient housed in a care facility in Rapid City.
Jackson appealed that conviction to the state Supreme Court. At oral arguments in February, Jackson held that the state should have had to prove criminal intent, that he knew the woman's dementia rendered her unable to give consent.
His attorney argued that there are varying levels of dementia.