An unidentified women, who had graduated college years before decided to go to a frat party on the Stanford campus. Prior to going she consumed 4 shots of whiskey, she continued drinking at the party to a point that she blacked out. Two bicyclists observed her and Brock Turner on the ground near a dumpster. Turner was on top of her thrusting his hips toward her. Police were called and Turner was arrested, he admitted fondling her and digitally penetrating her but not raping her. She told police she blacked out and remembers nothing. What did the DA charge and how will the case be defended?