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Try CasePortal for FreeJ. Hess finds that while evidence defendant used illegal drugs before the party at which he sexually assaulted the victim had no relationship to his opportunity or preparation to commit the crime and was, therefore, prejudicial, it was properly admitted by the trial court to prove an essential element of the rape offense - whether defendant's ability to know the victim was impaired was in question at the time of the assault. Affirmed.
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