In a rape prosecution where the complainant cannot remember the act of intercourse due to intoxication from alcohol and drugs, circumstantial evidence including prior resistance to sexual advances, the complainant's stated views about sexual activity, the accused's possession of sedative drugs and the complainant's property, the complainant's state of undress and distress, and expert evidence about the effects of the drugs, is capable of constituting a sufficient case to answer on both lack of consent and the accused's knowledge or reckless indifference.
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