Court of Appeals of Kansas November 2, 2001, 84,942 (State v. Requena)

Green, J.:

Adrian M. Requena was convicted by a jury of rape. Requena was charged under the theory that he had sexual intercourse with J.C. when she was incapable of giving consent because of her medical conditions or because of the effects of her medications or both, which conditions were known by Requena or were reasonably apparent to him. K.S.A. 2000 Supp. 21-3502(a)(l)(C).