I went on this app called grindr. And I met this guy and we were talking for an hr and then he said he wanted to come over. And I asked where he was and what he was doing. And he told me driving around the city of denton. And I was like sure. But then I also asked what he wanted to do. And he said he wanted to have sex. And I also said sure. So he he came over and we had sex but then he threw up in my bathroom and I was like are you ok? And he said that he was just drinking and driving around town. And then I told him that he can throw up and sober up then he had to leave. Fast forward two years later. He’s going around on this app saying I raped him and accusing me of taping him.
The legal issue is whether the person was intoxicated to the point of being unable to consent to sex. It is unlikely (but not impossible) that the State would take up a sexual assault charge two years later under these facts. If you can still access the text exchange you had, I would screen shot and preserve it. If you have statements in writing that he wanted to come to your place to have sex, you have a strong defense.
Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Please consult an attorney who practices criminal law in your jurisdiction for the most accurate legal advice.
If it is illegal to have sex with a drunk person ... well ... grindr would be out of business. You are not going to be charged, in my opinion, because the matter is too embarrassing ... Trolling for sex online is bound to end badly. Quit thinking you will be charged with committing a crime when all you did was something stupid, public embarrassment stupid. Good luck to you.
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