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Can she claim it was non consensual sex? She is thinking about calling the cops. I have no priors.

Ocala, FL |

I am temporarily staying at her place. We have had sex before. Always in a rough manner, with her showing a bit of resistance and saying No.... 3 days ago; a long discussion during which I told her that I am not interested in a BF/GF situation, & that I was only staying at her place cuz I had nowhere else where to go.. A few hours later, same scenario than before, a bit of "roughing up" and we end up having sex. It involved a bit of kissing, and even her interrupting the intercourse to reach out for condoms, hand them to me, & wait for me to put them on. Once done, she does (probably based on our discussion about LT relationship) regret the whole thing... calls a friend of hers, and now is thinking about calling Cops. No trace of sruggle, no defensive wounds on me, no screaming heard...

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Attorney answers 4


She can absolutely claim it was, but the real question is whether it will stand the scrutiny of the police, State Attorney's Office and a jury. I would strongly advise you against making statements to law enforcement or anyone else concerning the situation. Even the most innocent comments can be changed or manipulated later in your case to be used against you. My firm offers free case consultations in these matters, we are available if you have further questions. Our office line is 813-830-2261. Good luck.

This answer does not, nor is it intended to, create an attorney-client relationship or constitute attorney advertising. Rather, it is offered solely for informational purposes. The facts of each case are different and unique, it is critical to consult with qualified counsel with whom information can be shared and assessed under attorney-client privilege, so that competent and quality advice can be obtained on which you can make informed decisions


Anyone can make an allegation. She can allege sexual battery but as mentioned here, it is whether the case will pass the scrutiny of the police and state attorney's office. If she goes to the police it will likely be a he said/she said case but the phone call to the friend, if it was immediate and emotional could be a problem down the road depending on what was said. Obviously, your defense is that she consented and you should keep mind of the timeline of events and things that were said. It may be a good idea to contact an attorney for a free consultation on your specific facts and before you make any statements to police or state attorney investigators.

The response above is intended for informational purposes only. The information provided is not intended to be, nor should it be interpreted as, legal advice or opinion. The reader should not consider this information to be an invitation to an attorney client relationship, should not rely on information presented here for any purpose, and should always seek the legal advice of counsel in the appropriate jurisdiction. Transmission and receipt of the information in this site and/or communication with me is not intended to solicit or create, and does not create, an attorney-client relationship between me and any person or entity.


i agree with my colleagues. i also want to add that you should not discuss the facts of the case on a public internet forum like you are

An attorney/client relationship is NOT established simply by virtue of The Law Offices of Evan M. Kleiman, P.A. answering any questions herein. Such a relationship will only be established by a formal agreement between the parties.


I weigh in only to add emphasis to the caution about putting details out on the Internet. I would also caution you to not discuss this with anyone other than an attorney. Need I mention Face Book?

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