The Nebraska Court of Appeals has upheld the rape conviction of a 31-year-old Lincoln man who had sex with an unconscious woman.
Police say the 32-year-old woman woke up to find Matthew Gentry having sex with her after she had passed out at a friend's house after a night of drinking in early 2012. Gentry was convicted months later of first-degree sexual assault and sentenced to 15 to 20 years in prison.
Gentry appealed, saying, among other things, that the trial court should not have allowed the testimony of another woman who said she, too, woke up to find Gentry trying to have sex with her in 2011. She did not report the incident to police.
On Tuesday, the Nebraska Court of Appeals rejected Gentry's arguments.