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What could happen? is this consider raping?

Garden Grove, CA |

a friend of mine used to have a girl to flirt with back when he was 10th grade in high school and a girl was a freshman, he used to couch and hug and kiss her (with clothes on) and after a while she doesnt like it anymore and he keep doing it and one day she yelled at him to stop and after that he stop and never do it again, and its been like 4 years ago, can anything happen? the girl doesnt suffer from anything and she was happy now and they havent talk for like 4 years but he recently saw some teen got arrested because they rape some girl and she suicide on the news so he got paranoid. can anything happen at this point, can his past get him? what if someone bring up the old story to her again and she suffer?

Attorney Answers 6


  1. Rape typically refers to penile penetration. If he continued to fondle her after she said no, then there could be other offenses that were committed-but not rape. However, if the facts are exactly how you described them, I see no crime committed.

    This is not intended as individual legal advice and there is no attorney client relationship established by this answer. It is advisable that you seek individualized legal assistance. This is not a substitute for hiring an attorney.


  2. Based on what you've described your "friend" should be in the clear. If there was more than you've described, your "friend" should consult with an attorney.

    Jasen Nielsen


  3. You posted this same fact query multiple times about a year ago and received multiple responses from participating criminal defense attorneys then that these facts do not present current legal issues that should concern you. At that time, it was suggested by a number of the responding attorneys that you seem pre-occupied and unable to let go of these old events and are continuing to churn and speculate about them to no benefit or productive purpose for you. This is something for which you can receive suitable assistance -- not from an attorney but from skilled and experienced mental health practitioners. This endless contemplation of this old matter is not the best way for you to be engaging your mind, and you need to follow the advice that was provided to you last year. Get some skilled counseling so that you can live your present and future life productively, unfettered by endlessly replaying loops of this old matter, to whatever extent it existed in reality.

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.


  4. This likely will not be enough for a prosecutor to formally charge someone with a crime. But a little background on the criminal process:

    The criminal process begins when someone is accused of committing a crime. Unless a police officer personally witnesses the crime, an investigation must take place in most instances before law enforcement may place an arrest and take someone into custody. In your instance, if law enforcement were to get involved, the investigation would likely result in very little evidence of a crime (based on the above facts).

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