PIERRE, S.D. (AP) — The South Dakota Supreme Court has upheld the conviction of a man accused of sexually assaulting a woman with dementia, ruling that prosecutors didn’t have to prove whether he knew she couldn’t consent to sex. A Pennington County jury in 2018 convicted Roger Jackson, now 73, of third-degree rape, which says it’s a crime for any person to have sex with someone incapable of giving consent because of physical or mental incapacity.

He appealed his conviction, saying the state should have had to prove that Jackson knew the victim wasn’t mentally capable of giving consent and that the state should have questioned the victim.