Brower v. State

In Brower v. State, 728 P.2d 645 (Alaska App. 1986) the victim of the allegedly unconsented-to sexual activity was a sixteen-year-old boy who lived with the defendant. Viewing the evidence in the light most favorable to the State, Brower made sexual advances to the boy and attempted to engage in sexual contact with him. (Brower, 728 P.2d at 646.) However, the State conceded that the evidence was insufficient to establish that Brower had acted "recklessly" with respect to the possibility that the boy did not consent to his advances. The Court declared that: "Nicholson was readily distinguishable. Given the close relationship between Brower and the boy, Brower's actions cannot be found to have been in reckless disregard of the boy's lack of consent." (Brower, 728 P.2d at 647.)