Roger Jackson was convicted of third-degree rape for having sex with a woman who suffers from a rare form of dementia. In late 2018, he was sentenced to 15 years in prison with five years suspended.
Jackson, now 72 years old, appeals, saying the sex was consensual. He also holds that the investigation was inadequate, because detectives did not interview the woman.
The state says the woman was not legally capable of giving consent, and she was also not able to answer questions reliably.
The South Dakota Supreme Court heard oral arguments in the appeal on Tuesday, Feb. 11.
SDPB's Victoria Wicks has this report.
