He should not consent to a DNA test. They may obtain a Search Warrant to swab his mouth for his DNA. If they find his DNA inside of her, he may be charged with Sexual Assault. It sounds like this is a weak case for the Prosecution. If she had intercourse with a different male, it shows that your male friend may be innocent. You need to contact a criminal defense attorney as this may result in significant state imprisonment and lifetime registration as a sex offender.
Seth Weinstein, Esq.
Southern California Criminal Defense Attorney
This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply.
Get an attorney, do not admit anything to the police, and don't give up your rights! The police will not try to help you even if they appear "nice" and want your side of the story. Call ASAP. These are very serious allegations.
Avvo is not a confidential legal consultation. It is a public internet forum which the whole world is able and welcome to read. It is very unwise go into detail about the facts of a pending case on this or any other public forum . . . including conversations with friends and family. Save all of this discussion for a conference with your attorney, which is protected under the strict law of attorney/client privilege.
This is a very serious potential charge, rape of an unconscious victim, and I urge you to not speak to anyone involved at all until you speak with a qualified attorney. Do not offer any testing or any other evidence until you speak to that attorney. Handling scientific evidence in a rape case requires expertise which is why you should immediately speak to an attorney. You may contact me through my website:
Long Answer Short- For reals, tell the "Two Young Males" to speak to an attorney as soon as possible. And tell them to be honest. If something did happen, you know...sexually...then it will make all the difference in their case. The consequences if you...I am sorry...your "friend" takes a DNA test and the DNA matches the Rape Kit, then the consequences, depending on the severity of the sexual contact could be an arrest and conviction for rape. Seriously, speak to an attorney ASAP.
Both young men should hire local criminal attorneys immediately. It will not benefit them to simply take a passive approach and "wait it out". Hiring a defense attorney, who can employ an investigator, can put a stop to what might turn into a runaway train once aggressive police convince the alleged victim that she was raped. Rape is a very serious charge and in a case like this, where alcohol, drugs, unconsciousness, DNA, and a seemingly reluctant alleged victim are involved these men deserve an aggressive advocate before charges are filed (so that charges might be avoided). The young men must be told not to discuss this with anyone except an attorney in a confidential setting. That means not discussing what happened with friends, family, and law enforcement. Sometimes people naively believe that if they can just sit down with "an honest cop" and tell them what "actually happened" they can easily clear their name. Prisons are filled with such naive persons. Loose lips sunk ships. Both those men need attorneys.