The Iowa Court of Appeals has affirmed the sexual assault conviction of a former Drake University student.
Anthony Bertolone was convicted of five counts of sexual assault in May of 2012. He was found guilty of performing sexual acts on a Sigma Chi fraternity brother while the man was unconscious or sleeping. The victim discovered the abuse after finding photos and videos of the assaults on Bertolone’s laptop.
Bertolone claimed the sexual contact was consensual.
Bertolone appealed the conviction claiming the court should have allowed his motion for a new trial based on previously undisclosed medical records. He also claimed there was insufficient evidence to convict him.
The appeals court agreed with the district court that the video evidence, “clearly indicates that the victim was incapacitated, asleep, unconscious, and/or unable to consent to any and all of the sexual activity depicted in the numerous recordings made by the Defendant.”
Bertolone is serving a 20 year prison sentence. When released he must register as a sex offender.