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People v. Hoskay10/9/2003
ny that both defendant and victim were naked from the waist down, and defendant's statement that "it was consensual" were sufficient circumstantial evidence to prove that penetration occurred.
We further conclude that the testimony of the victim and the counselor was sufficient to prove beyond a reasonable doubt that the victim was asleep, and therefore physically helpless, during the assault.
VI.
Finally, defendant argues that the evidence was insufficient to support the jury's verdict finding him guilty of public indecency because the area where the offense occurred was neither a "public place" nor a "place where the conduct may reasonably have been expected to be viewed by members of the public." We disagree.
The evidence established that the dormitory room of the detoxification facility was open to any man admitted to the facility, as well as to the staff. This evidence was sufficient to support the jury's finding that the room was a common area of a private facility and also a place where sexual conduct may reasonably have been expected to be viewed by members of the public. See State v. Black, 260 Ark. 864, 545 S.W.2d 617 (1977)("drunk tank" of city jail, wherein jailer observed defendant allegedly engaging in oral sex with another prisoner, was a "public place" within the meaning of the public sexual indecency statute).
The judgment is affirmed.
JUDGE ROTHENBERG and JUDGE GRAHAM concur.
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