State Supreme Court rejects Watertown man’s appeal regarding a rape case

The South Dakota Supreme Court rejected a defendant’s defense a pre-existing agreement with his girlfriend allowed him to have intercourse with her when she couldn’t give consent. The opinion was released Thursday and affirmed the conviction of 44-year-old Lee Malcolm of Watertown of third degree rape. The charges stem from an incident in October of 2019 when Malcolm and his then live-in girlfriend drank heavily until the early morning hours. Upon returning home the victim took muscle relaxers and passed out for several hours. During that time Malcolm had sex with her, penetrated her and took cell phone video of it in the process.