The lawyer of a Penn State student accused of raping another student at a fraternity in October said the sex was consensual.

"He is adamant that she was conscious and wanted to have sex that night," said Joseph Amendola, the attorney of defendant Shawn Cornelius. "He was in complete and utter shock when she said otherwise."

The victim, however, told police she was unconscious and too intoxicated to move the three times she woke up during the incident -- during which she claims Cornelius, 20, of Lansdale, finger-penetrated her, gave her oral sex and had intercourse with her.

Cornelius said the victim came over to his fraternity. They were talking and kissing, Amendola said.

He said he has witnesses who will testify that she wanted to stay at the fraternity and was conscious.

"In a nutshell, I think she was so intoxicated and doesn't remember what happened," Amendola said.

At the preliminary hearing, the girl and her friend admitted to drinking six or seven shots of vodka in a dorm room, Amendola said. They then stopped at other fraternities and played drinking games before ending up at Cornelius' fraternity, Kappa Alpha, 234 E. Beaver Ave, he said.

Amendola said the victim admitted she was so drunk that she forgot she went to Kappa Alpha in the first place.

"Then who says she would remember what happened between her and Cornelius?" he said.

He said toxicologists would call this situation "alcoholic amnesia" -- blacking out and forgetting events.

"She may have been drunk, but she wanted the sex and that is legal," Amendola said. "She needs to take responsibility for the fact that she drank too much and doesn't remember it."

The woman said she woke up the next morning without clothes and didn't remember what happened the night before. She said she heard Cornelius talking to others in the house about that night's events, according to the criminal complaint.

Amendola said he thinks the girl was embarrassed and chose to say it wasn't consensual sex after she heard Cornelius talking about it to others.

"The minute [Cornelius] heard the girl say it was unconsensual, he wrote down a statement saying that she wanted to have sex with him," Amendola said. "She even initiated a lot of it."

The victim said Wednesday at the preliminary hearing that she was planning on waiting until marriage to have sex, and she did not consent to any type of sexual contact with Cornelius.

Centre County Assistant District Attorney Steve Sloane, who is prosecuting the case, did not return calls by press time.

Cornelius is charged with one count each of aggravated indecent assault and indecent assault, rape, sexual assault and involuntary deviate sexual intercourse.

His pretrial is scheduled for May 18 at the Centre County Courthouse; jury selection is scheduled for June 5.