A Criminal Court jury has been asked to decide whether or not a sitter at Erlanger Hospital raped the woman he was suppose to watch over.
Henri Lerone Winston is on trial in the courtroom of Judge Amanda Dunn.
Winston was 59 when he was indicted on rape charges.
In an opening statement, prosecutor Nicole Evans acknowledged that the alleged victim "was not living her best life" at the time of the incident on Oct. 19, 2019.
She said that day she had taken fentanyl, then heroin, and then "a bunch of her Mom's pills."
She was checked into Erlanger under a status of being suicidal and needing someone with her at all times. The prosecutor said she was having withdrawal symptoms.
The prosecutor said Winston "took advantage of her" by performing a sex act on her.
Prosecutor Evans said the woman was given a pelvic examination, and Winston's DNA was found in her private area.
Attorney Josh Weiss told the jury, "This is not a rape case. It's a false accusation case."
He said the woman was hallucinating and delusional.
The attorney said the woman wanted to take a shower so Winston helped her in and handed her a towel.
Of the rape allegation he said, "People were walking in and out. It doesn't make any sense."
He said the alleged victim told someone who arrived in the room after her shower, "His DNA's all over me."
Attorney Weiss said, "This case is not about consent. It's about it not happening."
The patient said Winston initially talked with her, saying he had a wife and family.
She said he suggested that she take a shower and he helped her in and out of the shower. She said after he had helped her back into bed he leaned down and kissed her on the lips. She said he then went under her gown and performed a sex act on her.