When they returned, the victim said she and her hostess each had a mixed drink and two cans of the beer. Sometime after midnight, the girls went to the basement where they found [R. Michael Gipe] asleep. They got ready for bed and slept on two futons near Gipe.

The girl said she woke Gipe's daughter and asked her to step outside to talk. She told Gipe's daughter that her father had just raped her and the daughter reacted in disbelief. The victim handed the daughter her wet underwear as evidence of what happened.

The victim testified the daughter immediately went inside and confronted Gipe about the allegations. His response, she said, was "Nothing. I don't know. I don't remember." He explained the alcohol he drank that evening, together with pain medication he was taking for a hand injury, left him with no memory.