An Akutan man charged with sexual assault was acquitted this morning.

Richard Stepetin, 45, stood accused of having sex with an unconscious 24-year-old woman following a late-night gathering in early January. Testimony was heard this week in the Unalaska courthouse, and the jury returned a verdict of “not guilty” after deliberating for five hours over the course of two days.

In order to reach a verdict of guilty, Assistant District Attorney David Martin had to demonstrate that intercourse had taken place, that the alleged victim was incapacitated and unable to consent to sex, and that the defendant was aware that she was unable to consent. According to one juror, the prosecutor failed to prove the third component beyond reasonable doubt. The juror added that the group found it difficult to piece together what actually happened, since both parties consumed substantial amounts of alcohol and suffered blackouts that night.

Judge Steve Cole presided over the case, with Jon Buchholdt representing the defense. The jury was composed of 10 men and two women.