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If a guy is 18 or 19 and intoxicated and refused to have sex an the minor took advantage of that. is that rape?

Sacramento, CA |

my boyfriend was intoxicated and he refused to have sex with a minor under 14 but she took advantage of him being intoxicated and had sex with him when he told her now his looked up because she said he forced her to do it. they only found his clothes at her home&messages of him saying he don't want to be with her.

Attorney Answers 7

  1. Best answer

    Can a minor rape an adult? Yes. Did that happen in your case? Doesn't sound like the police are buying it. Your bf needs a lawyer.

  2. Since the person is under 14, she cannot consent to sex under the law in California. Your boyfriend is in big trouble. The charges are more than rape, which is bad enough. He will likely be charged with child molestation with force, which carries stiff penalties. Both charges will require, if convicted, not just mandatory prison time, but lifetime registration as a sex offender.

  3. Mr Kaman is right. It does not sound like police believes. They will error on the side of caution.
    It is key that you hire the best locally experienced criminal defense attorney to represent you that you can afford. You should obtain a free consultation as soon as possible. Good luck.

  4. Mr. Kaman is spot on. While "no" means "no" when it comes to rape, unless there was physical force that the BF could not overcome to stop the situation, cops are not going to believe it, particulary where the minor is under 14 years old. Being kind of drunk, saying "no" but allowing things to happen is not a great defense, nor is "she did it to me, I didn't do it to her." While there may be a defense, the best thing for your BF to do is to consult an experienced criminal defense lawyer in the county where incident allegedly happened.

  5. I agree that your boyfriend needs an experience criminal defense attorney, preferably one who handles child molestation cases. If the minor is under 14 , then the DA will charge child molestation and may add forcible rape. His defense at best sounds weak at first blush, but I suppose it is possible. Depends on what evidence the police have gathered, including statements and possible physical evidence. Since he has been charged, I suspect he has the public defender. Don't know if either of you have funds to have a private attorney or if you're just looking for information. In any event, good luck to your boyfriend and hope whomever he has can help him.. Unfortunately, the Sacramento Public Defenders office does not have a dedicated sex crimes unit, so your boyfriend will probably have several different attorneys before all is said and done. Most of them are pretty good, so I hope he gets a good one.

    The information and legal suggestions made herein do not in any way create an attorney-client relationship. The responses provided herein discuss general principles of law and should not be relied upon by the asker in making legal decisions. Only an attorney who has met with the asker and fully reviewed the facts and circumstances of the asker's individual case should be relied upon for legal advice. If you find my suggestions helpful, please mark the appropriate box as helpful.

  6. An 18 or 19 year old conscious but intoxicated male was taken advantage of by a 14 year old female who "had her way with him" but now the DA is pressing charges against the male? Your boyfriend needs an aggressive attorney ASAP. Caution your boyfriend that if he hasn't bailed out his jail phone calls so tell him not to discuss the facts with anyone except his attorney. The DA will not believe that a 14 year old girl could rape or otherwise take advantage of a drunk 18 or 19 year old female. In sex crime the perpetrators gender and age matters. Hire a lawyer. Good luck

  7. Was he so intoxicated that he was unconscious? Unless he can prove that, he's going to lose on this; he needs to get himself a GOOD criminal defense lawyer, and YOU need to stop discussing facts of his case on-line.

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