Questione giuridica chiave
Whether the appellant proved arbitrariness in the finding that he secretly removed the condom and attempted non-consensual intercourse
Decisione estratta
The finding was not arbitrary; in light of the victim's statements and corroborating witness testimony, it was sustainable to conclude that he removed the condom and attempted unprotected intercourse without consent.
Motivazione estratta
The federal court noted the victim consistently stated that he tried to remove the condom, and the witnesses uniformly described his sexual brutality, aversion to condoms, and alcohol use. The challenged finding was therefore not insupportable.