Can a man be guilty of a sex crime if they are romantically involved? 5 Answers as of February 24, 2013

A woman is staying at a man's house. She is carried forcibly to his bed, pinned beneath him, little or no struggle, she verbally protests and he voluntarily lets her go. Is he guilty of a crime or sex crime and does it change anything if they are romantically involved or just know each other?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
It sound like an attempted rape to me.
Answer Applies to: California
Replied: 2/24/2013
Steven Alpers | Steven Alpers
This could be a sexual assault, but not a rape or other forcible sex crime.
Answer Applies to: California
Replied: 2/21/2013
Hammerschmidt Broughton Law
Hammerschmidt Broughton Law | Mark A. Broughton
That can be charged as an assault with the intent to commit rape (CA Penal Code 220), an attempted rape, among other things. Interestingly, one can be charged with rape one's own spouse. So, it doesn't really change anything.
Answer Applies to: California
Replied: 2/21/2013
Rizio & Nelson
Rizio & Nelson | John W. Bussman
It is not a defense to claim that you had a relationship with the victim. I have defended husbands who are accused of raping their wives. Have you heard of "date rape"? Date rape is the crime of raping (or sexually assaulting) someone with whom you previously had a relationship. It is still illegal.
Answer Applies to: California
Replied: 2/21/2013
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Can a man be guilty of a sex crime if they are romantically involved. Of course. If she says it was attempted rape, or sexual assault or battery, you've got a serious problem. Once she says no , further pursuit is criminal. It that is you being charged, exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about the case except with and through an attorney.
Answer Applies to: California
Replied: 2/21/2013
Click to View More Answers: