Key legal question
Whether the defendant committed sexual abuse under Art. 191 StGB
Extracted holding
The complainant was completely incapable of resistance due to severe intoxication, and the defendant recognized this and still engaged in intercourse.
Extracted reasoning
Medical and witness evidence, plus the defendant's own account, showed the complainant was unable to walk unaided, repeatedly vomited, could not give her address, and had no memory of the night. Her helplessness was obvious to the defendant.