I don't know, but I have a hard time believing ANY defense attorney would go into court with nothing but "she wasn't conscious enough to tell them 'no.'"
As I understand it, the defense alleged numerous indications of her cognition and cooperation.
Obviously, the court rejected those claims, but I don't believe that rejection, in and of itself, proves the claims had no merit.
So you’re saying the jury may have been wrong, without having seen the evidence that they saw?