Will my friend be accused of rape if both of them were under the influence? 69 Answers as of July 08, 2013

My friend is accused of having sex with a woman without consent. Both were drunk and can't remember any details. All she knows is that she woke up and her jeans were down. She had a test done and it did show semen. It was not violent or anything and she was not injured. They were drinking together all night. He can't remember anything. He hasn't been in trouble before and is a pretty good guy. I was wondering what the punishment would be for him if the DNA came back positive.

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Cynthia Henley, Lawyer
Cynthia Henley, Lawyer | Cynthia Henley
Possibly. Consent must be "effective" and there are cases which say if someone is super intoxicated then consent may not be effective. He should have a lawyer representing - b should not be talking to police on his own.
Answer Applies to: Texas
Replied: 1/16/2012
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
Yes, it is possible to be charged with a rape while being drunk. There may be a defense to the intent requirement for being under intoxication. The victim being intoxicated is a specific type of rape of a defenseless person. Your friend should consult with an attorney if he is charged.
Answer Applies to: Kansas
Replied: 1/9/2012
Law office of Robert D. Scott | Robert Scott
Rape is a serious offense carrying 15 years or more incarceration upon conviction. However, the burden is upon the state to prove beyond a reasonable doubt that your friend forced her after she said no, or that he slipped her a "mickey", whereby she could not withdraw her consent.
Answer Applies to: Maryland
Replied: 1/9/2012
Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
Your friend really needs to get a lawyer.He could be charged with a criminal offense; a very serious criminal offense called criminal sexual conduct, first degree (i.e., rape). However, whether he will be convicted is a different question. The burden of proof is lower for filing the initial charges then to obtain a conviction. What he says and does now will be a big issue and can be potentially used against him if they file. Your friend needs a lawyer, now. Most attorneys provide free initial consultations. If he cannot afford to retain a lawyer, the court will appoint him a lawyer if he is charged with a criminal offense.
Answer Applies to: Michigan
Replied: 1/8/2012
Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
Rape charges, especially when both parties are drunk, are very difficult to prove. Without a rape kit analysis coming back supporting a rape claim and if neither party can remember the details of the encounter, it would be quite difficult to prove rape beyond a reasonable doubt. If charged, you should immediately seek out experienced legal counsel as the consequences are very serious.
Answer Applies to: Michigan
Replied: 1/4/2012
    Michael Maltby, Attorney at Law
    Michael Maltby, Attorney at Law | Michael Maltby
    Having a DNA test coming back positive is still a long way from a conviction for rape. I doubt if your friend will even be charged based on the facts that were provided. You would have to have some facts to demonstrate lack of consent.
    Answer Applies to: Washington
    Replied: 1/3/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    If both of them were drunk and can't remember then the issue could be that she raped him. He could not consent either. So who should really be charged with rape, neither were capable of giving consent.
    Answer Applies to: Michigan
    Replied: 1/3/2012
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    This is a difficult thing to discuss in a forum like this one, and there are far too many questions and details that just are not present in this question. Rape can range between a 3rd Degree Felony and a 1st Degree Felony depending on facts such as the use of force or drugs for inducement. Bottom line, your friend needs to set an appointment with a lawyer ASAP and get the details down on paper, get a lawyer on standby, even if not on retainer, and then prepare himself. Lock down witnesses get those statements from everyone before the cops induce them to tell the story the way the cops want it told. Hopefully, with this it can be shown it was consentual and when she pushes the matter the cops will decide that she was drunk and having remorse the morning after, not a matter of rape.
    Answer Applies to: Texas
    Replied: 1/3/2012
    Correia-Champa & Mailhot
    Correia-Champa & Mailhot | Susan Correia Champa
    If the alleged victim cannot remember any details then it will be difficult to prove beyond a reasonable doubt that she was raped. That being said, it is important for your friend to seek legal advise, the fact that he was drunk is not a defense.
    Answer Applies to: Massachusetts
    Replied: 1/3/2012
    Law Office of Christopher G Humphrey PC | Christopher G Humphrey
    Maybe. By accused, i am assuming you mean, charged under an information for the crime of sexual assault. If there was sexual intrusion defined by statute, he may be charged under 1st or 2nd degree sexual assault. If there was no penetration by any body part of your friend into the mouth, vagina or anus, then they could charge under third degree sexual assault. they could do sexual battery, a misdemeanor if they feel generous, but still want a conviction. In the state of wyoming, it is illegal to have sex with someone who is too intoxicated to consent. unfortunately, i have never seen a woman charged with having sex with a drunk man. I guess you could say sexual assault is sexist. Depending on the prosecutor, your friend may be charged with a crime, and have to argue incapacitation as a defense later. Juries have a hard time believing a man is too drunk to have sex if he gets and erection, penetrates a female, climaxes and passes out. He does have defenses though, consent would be one. i would interview everyone that saw them leave together, an get text messages from that night that may confirm that she was sexually interested and was enticing him into action. Consent may be implied from the actions of the victim, but not from her reputation as being 'loose'. Contact a criminal defense lawyer immediately.
    Answer Applies to: Wyoming
    Replied: 1/3/2012
    The McDonnell Law Firm, PLLC
    The McDonnell Law Firm, PLLC | Patrick J. McDonnell
    If she can't remember having sex, how can she remember that it was not consensual?
    Answer Applies to: New York
    Replied: 7/2/2013
    Burdon and Merlitti
    Burdon and Merlitti | Adam Van Ho
    There is a risk that your friend could be charged, but it is really a fact-specific scenario and may depend on things like who paid for the drinks, how the two know eachother, where the event took place, and what state/city it occurred in. In theory, both individuals could be charged, or neither. They could be charged with anything from rape, kidnapping, and/or gross sexual imposition, but the exact charges will depend on the specific facts of what happened that night. Your friend should get an attorney as soon as possible to work with him/her to see if charges can be avoided in the first place and, if not, get him prepared to go to trial. The key to a case of this nature is getting the ball rolling as soon as possible in terms of witness statements, receipts, etc. in the event that he/she is charged.
    Answer Applies to: Ohio
    Replied: 1/3/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    I'm not so sure that this would amount to a rape unless there was an age factor.
    Answer Applies to: Alabama
    Replied: 12/30/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    No, if it was consenual. Yes, if it was not consenual.
    Answer Applies to: Michigan
    Replied: 5/30/2013
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    You will first have to wait and see if any criminal charges are filed. Then they each should have an attorney.
    Answer Applies to: New York
    Replied: 12/30/2011
    Myles Hahn III Attorney at Law | Myles Hahn III
    If charges are brought against him, it will probably result from a police investigation (and more review by the state's attorney). Who knows what the woman will say to police or the states attorney? It is possible to violate the law without physical force (usually based on the age of the victim or other factors). It is difficult to be more precise, without ALL information. Your friend should be restrictive in talking about the incident (the least talking the better).
    Answer Applies to: Illinois
    Replied: 12/30/2011
    Law Office of Kathryn L. Hudson
    Law Office of Kathryn L. Hudson | Kathryn L. Hudson
    From the details you have given it sounds as though your friend has grounds for a defense. Generally intoxication is not a defense to most crimes, and a person that is intoxicated has diminished capacity to give consent so a rape charge can be made "if" the woman can show some evidence that the sexual encounter was not consensual. If they were both intoxicated and she cannot remember what happened, and there is no other evidence of force, she's going to have a hard time claiming it was rape. This is a very serious charge, however, your friend needs to retain an attorney right away to get in front of any inquiry.
    Answer Applies to: Arkansas
    Replied: 12/30/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    You ask a question that can only be answered if I had all the evidence in a police report. If the woman claims any sex was unconsenual and the sex was proven your "friend" can be charged with rape of an unconscious person.
    Answer Applies to: California
    Replied: 12/30/2011
    Law Office of J Edward Jones | J Edward Jones
    The facts you described show that there may be a defense to this situation, but any statement your friend makes could be used against him later. Before he talks to anyone else, he needs to talk to a lawyer. If the "victim" claims it was without consent, or it occurred while she was unconscious, then your friend could be charged with felony rape. An attorney could review the police reports, the evidence, and determine if the State has a case or not.
    Answer Applies to: Utah
    Replied: 12/30/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Well, I she can't remember the. How can she know that she didn't consent? Sounds like a very weak case to me.
    Answer Applies to: New York
    Replied: 12/30/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    He could be charged with criminal sexual conduct even though he was drunk. He should consult with an attorney now to determine his options.
    Answer Applies to: Michigan
    Replied: 12/30/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    It is highly possible that your friend can be accused and charged with a rape. You did not provide sufficient information to make a definite diagnosis of the case, but intoxicification is not a defense to the offense of rape, and if the lady was involuntarily intoxificated by your friend, he will have further problems. Then again, if the woman is not pushing charges and a significant amount of time has transpired since the act, his chances improve significantly. Best advice is to retain counsel if he is arrested and of course, he should not make any admissions to the police, but stand on his constitutional rights to remain silent.
    Answer Applies to: Illinois
    Replied: 12/30/2011
    H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
    Voluntary intoxication of the defendant is usually not a defense to a crime. In a situation like this, it would probably come down to whether the state can show intent and lack of consent. Given that neither party can remember what happened, that may be difficult to do.
    Answer Applies to: Georgia
    Replied: 12/30/2011
    The Law Offices of Laura A. Walker | Laura A. Walker
    Will he be accused and charges filed? That's unknown and depends largely on the DA's Office. I have seen regrettable sex charged as rape. The question is whether or not he can be convicted at trial. The facts as outlined aren't detailed enough.
    Answer Applies to: Wisconsin
    Replied: 12/29/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Sex with someone unconscious is still rape even if the rapist was also loaded.
    Answer Applies to: California
    Replied: 12/29/2011
    DeVito & Visconti, PA
    DeVito & Visconti, PA | John E DeVito
    Your friend can be charged with rape; but, being convicted is another story. The victim is alleging that she did not consent to the sex. That may be challenged. Who initiated the sex? Did she voluntarily go with your friend to a room or location? Are there witnesses who saw them flirting with each other? You can bet that the DNA is your friend's. The question is consent. A jury may not be sympathetic with a victim who got so drunk that she doesn't know who she slept with.
    Answer Applies to: Massachusetts
    Replied: 12/29/2011
    Law Office of Michael E. Dailey
    Law Office of Michael E. Dailey | Michael E. Dailey
    Consensual sex is not rape presuming everyone is of legal age. If she was so drunk she was incapable of giving consent that may still be considered rape. This would be an issue for a jury to decide. Unfortunately for him, being so drunk he can't remember is not a defense and, if true, will not provide any version of the events from his side. He should make sure he has an a lawyer before he tries to avoid responsibility by claiming to police he doesn't remember anything about it. This just leaves one side to the story. The circumstances described could be reviewed by a prosecutor in a very different light and could result in a selection of charges being filed ranging from a misdemeanor to major felony depending on the prosecutors take on the events. Major felonies are going to be prison time in most every jurisdiction in the state. Since there is apparently a semen presence that would indicate some type of investigation has begun and the results of a rape exam and evaluation are generally not going to be disclosed until a charge has been filed. Although she might not appear injured on the surface, that does not prevent a charge being filed and may be based on symptoms and injury not readily visible to a casual observer.
    Answer Applies to: Missouri
    Replied: 12/29/2011
    Connell-Savela
    Connell-Savela | Jason Savela
    In sex offense cases, it is best to sit down with an excellent criminal defense attorney that knows how to try these cases. Each fact is very important and I would not let the rest of my life depend on an email response. He could get many years of prison, he could get probation but, based on what I am hearing about this case in this email, he is not guilty of a crime that does not mean he could not be convicted but with proper defense counsel advising, I think this is a not guilty.
    Answer Applies to: Colorado
    Replied: 12/29/2011
    Robert Valles and Associates P.C.
    Robert Valles and Associates P.C. | Robert Valles Jr.
    DNA doesn't automatically mean rape. The question of rape goes to consent and did she consent to sex.
    Answer Applies to: Texas
    Replied: 12/29/2011
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    If the woman is considering alleging rape it is best to hire an attorney right now to start to defend yourself.
    Answer Applies to: Hawaii
    Replied: 7/8/2013
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    Yes he can be accused of rape. And that is a very serious charge. If he is still talking to this girl, tell him to be careful what he says as he is probably being recorded. He needs to lawyer up with the best lawyer he can afford.
    Answer Applies to: Texas
    Replied: 12/29/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    He should retain a good criminal attorney to handle the matter. If he is indigent an attorney will be appointed. Unless I knew the facts and circumstances I could not advise you as to how to proceed, but if the DNA matches and she testifies that he raped her he could be convicted of a violent felony offense. With a bad prior record he faces 10 years in prison. It is not a defense that they were drunk. He needs to consult with an attorney, tell him the truth as her remembers it, and follow his lawyers advice as to how to proceed.
    Answer Applies to: New York
    Replied: 12/29/2011
    Law Office of Michael R. Garber
    Law Office of Michael R. Garber | Michael R. Garber
    If she was too drunk to consent it is rape. If she just doesn't remember she was willing when they were having sex it's not rape, but it's a problem for the guy if she says she didn't consent.
    Answer Applies to: Louisiana
    Replied: 12/29/2011
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    Being under the influence does not sound like a defense to me. Perhaps if he could show the intoxication was involuntary, ie he was slipped a drink which had alcohol in it, but he did not consent to drinking alcohol and did not know the drink contained alcohol when he consumed it. You raise more questions than I can answer. You ask what can be done if the DNA is his, but do not state if anyone else was present. These and other questions should be reviewed with his attorney.
    Answer Applies to: California
    Replied: 12/29/2011
    Ayodele M. Ojo & Associates
    Ayodele M. Ojo & Associates | Ayodele Mayowa Ojo
    The rape statute in Minnesota is very strict, any sexual penetration without the consent of the other party is all the State will need to prove. An intoxicated woman apparently could not have given consent. There is no need to be an actual force or coercion. On the contrary being drunk will not be an excuse for the perpetrator . Your friend will need a good criminal lawyer is he is charged.
    Answer Applies to: Minnesota
    Replied: 12/29/2011
    Jonathan S. Willett Attorney at Law
    Jonathan S. Willett Attorney at Law | Jonathan S. Willett
    If she says she did not consent, then it is possible. However, if she does not remember, it is unlikely. No matter what, he can claim consent as a defense, but without any memory that maybe hard. Their self induced intoxication may also affect his criminal liability.
    Answer Applies to: Colorado
    Replied: 12/29/2011
    Attorney at Law | Dorinda Ohnstad
    Maybe. The key is whether there was consent or not. If the woman does not remember the details of the night because she was intoxicated it certainly makes for a weak case for the DA's Office to prosecute.If she doesn't remember, how can she get on the stand and say that she did not consent. The burden of proof in a criminal proceeding is guilt beyond a reasonable doubt. Arguably the fact that she doesn't remember and was voluntarily (I'm assumingthis is the case) intoxicated would provide the jury with reasonable doubt. However, ultimately it will be up to the DA's Office to determine whether they want to pursue charges or not.
    Answer Applies to: California
    Replied: 12/29/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    There is rape when the victim is intoxicated and cannot consent.
    Answer Applies to: California
    Replied: 12/29/2011
    Grant & Grant
    Grant & Grant | Richard L. Grant, Esq.
    Your friend if convicted could be sentenced minimum of 3 years and maximum of 8 years in State Prison and would have to Register as a Sex Offender, Penal Code Section 290. Your friend should immediately hire an Experienced Criminal Defense Trial Attorney who practices regularly in the court where friend's case is being heard. An experienced attorney could make the difference in the outcome. The attorney will work with your friend to establish the best possible defense that the sex was consensual. The Attorney will be aggressive in attempt to obtain a Dismissal or a reduced charge.
    Answer Applies to: California
    Replied: 12/29/2011
    Law Office of Aaron M. Goldsmith, PC | Aaron M. Goldsmith
    An individual can be charged if the "victim" states that she understood what was going on but was too drunk to stop him. His mental state may also be used to help though. If charges are brought, your friend needs an experienced criminal defense attorney to help protect him.
    Answer Applies to: New York
    Replied: 12/29/2011
    THE LAMPEL FIRM
    THE LAMPEL FIRM | ERIC LAMPEL
    This is a defensible case given the info you provided.
    Answer Applies to: California
    Replied: 7/8/2013
    Law Office of Andrew Roberts
    Law Office of Andrew Roberts | Andrew Stephen Roberts
    Yes- it is possible. The woman did not consent.
    Answer Applies to: California
    Replied: 5/30/2013
    Aaron Black Law
    Aaron Black Law | Aaron Black
    He could be charged with rape, but he has a great defense. If convicted after trial he can be looking at years in prison. I would need to know more details to give you a better answer. Contact a local criminal defense attorney immediately if the police have already been contacted.
    Answer Applies to: Arizona
    Replied: 12/29/2011
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    Intoxication is not a defense to rape. However, the prosecutor has the burden of showing lack of consent, however, if the victim was too drunk to give consent then you're friend needs a good attorney to get the charge reduced.
    Answer Applies to: Nevada
    Replied: 12/29/2011
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    Your friend could be charged with Criminal Sexual Conduct based upon the facts you relate. This is a case that he should nevertheless defend vigorously. A Criminal Sexual Conduct conviction is never to be taken lightly.
    Answer Applies to: Minnesota
    Replied: 12/29/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Yes.
    Answer Applies to: Michigan
    Replied: 5/30/2013
    Laguzzi Law, P.C.
    Laguzzi Law, P.C. | Carina Laguzzi
    The short answer is yes but there is a lot more that I would need to know before I can give a more complete answer. For example, has the woman made a police report? If she does not remember anything, how can she accuse your friend? If there is a police report, your friend should NOT consent to a DNA test until, and after, he has consulted with an experienced criminal defense attorney. He should also NOT go to Detectives (to give his side of the story) until he has consulted with an attorney. He should look for an attorney with experience in sexual assault cases. Finally, your friend should refrain from talking about this case with anyone.
    Answer Applies to: Pennsylvania
    Replied: 12/29/2011
    Thomas C. Brandstrader Attorney At Law | Thomas C. Brandstrader
    Sexual contact without consent is a crime and your friend should hire a competent criminal attorney immediately. "I don't remember" is not a defense to anything.
    Answer Applies to: Illinois
    Replied: 12/29/2011
    Todd Landgren, Professional Law Corp.
    Todd Landgren, Professional Law Corp. | Todd Landgren
    This is critical! Do not talk to the police!! Do not say anything to anybody about "not remembering"!! Get in contact with a lawyer immediately so he/she can talk with cops or prosecutor. Charges can be filed, even if both were drunk. It depends on who is believed!
    Answer Applies to: California
    Replied: 12/29/2011
    AyerHoffman, LLP
    AyerHoffman, LLP | David C. Ayer
    Should the state's prosecutor in the case go forward, the state will be required to prove beyond a reasonable doubt that the female did not consent to sexual intercourse and that your friend had the specific intent to commit the crime. There are many defenses which can be raised in this situation, including intoxication. Your friend needs a good criminal defense attorney as the penalties for this crime are very serious.
    Answer Applies to: Massachusetts
    Replied: 12/29/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    He would likely be charged with a 3rd Degree Criminal Sexual Conduct charge, which is when a person has sexual penetration with a person who is incapacitated. Depending on his record and the specific statute charged, he could be looking at anything from probation to prison. S
    Answer Applies to: Minnesota
    Replied: 12/29/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    Given that your friend has been in trouble before, he should know better than to have sex with an intoxicated woman. A person can be found guilty of rape if the person with who he has sex is incapable of giving consent. The incapacity can be due to mental defect, alcohol, drugs or severe illness. Under those circumstances, even consent is not valid. Your friend's punishment would depend on whether he is charged, what the charge is and what his felony criminal history entails.
    Answer Applies to: Washington
    Replied: 12/29/2011
    Hedges & Tumposky
    Hedges & Tumposky | Michael Tumposky
    If she pursues this case, he would face a substantial prison sentence. He should hire a lawyer immediately.
    Answer Applies to: Massachusetts
    Replied: 7/8/2013
    John P Yetter | John Yetter
    Whether or not someone is charged in a case like this depends on more than the DNA. Certainly DNA doesn't help his case, but the truth is it only shows the act was committed, not what the circumstances of the act were. Your friend should contact a criminal lawyer to interface with the police for him. That is by far the wisest thing to do at this point, and is the thing that can most distinctly influence whether he is charged or not.
    Answer Applies to: Illinois
    Replied: 12/29/2011
    Rhoades & Miller, LLP
    Rhoades & Miller, LLP | M. Jason Rhoades
    If the woman has had a test done to look for semen, it is quite possible that she will want to press charges. Your friend needs to keep his mouth shut and not make any statements without an attorney. He needs to get an attorney on board to work with him BEFORE the charges are actually filed if at all possible. Rape charges are extremely serious and can damage your life for years and years and years. Do not take this lightly.
    Answer Applies to: Georgia
    Replied: 12/29/2011
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    He can be charged with the specific offense of non-consentual sex (rape) with someone who is unable to give their consent. It is a felony. He could face jail or prison time.
    Answer Applies to: California
    Replied: 12/29/2011
    Myles A. Schneider & Associates
    Myles A. Schneider & Associates | Myles Albert Schneider
    These cases usually turn on the facts in other words, if the prosecutor wants to push hard, at trial will be necessary to get your friend off.
    Answer Applies to: Arizona
    Replied: 12/29/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    Rape of an intoxicated person carries up to 8 years state prison. Your friend (and probably you) need to be sitting down with a local criminal defense attorney. I'd also strongly suggest keeping your mouth shut about any of this until you talk to your lawyer. No facebook, myspace, twitter, emails, texts... nothing. Keep in mind that the police can record any phone calls, so if she calls you and wants to talk, it's probably being recorded by the police. Find a good local criminal defense attorney ASAP. This could get ugly real quick.
    Answer Applies to: California
    Replied: 12/29/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Yes, he can still be charged. Being drunk is not a defense. The critical issue is whether or not there was consent. Another issue is the age of the victim. Was she under age? If so, your friend's problems are magnified greatly. Penalties: jail time, possibly prison time, being labeled as a sex offender and being required to register with the state and report regularly his whereabouts. This label will follow him for the rest of his life and can impact where he lives and works. This is not a good situation.
    Answer Applies to: Washington
    Replied: 12/29/2011
    Ascheman & Smith | Landon Ascheman
    He may end up being charged for rape. The best thing for him to do is find a criminal defense attorney and have their number ready to call if it appears that he is going to be charged.
    Answer Applies to: Minnesota
    Replied: 12/29/2011
    Law Office of Richard Southard
    Law Office of Richard Southard | Richard C Southard
    It sounds to me that if they are testing the DNA of the semen then the woman is claiming that the sex was not consensual and yes he can be charged with Rape. The punishment depends on what formal charges are filed and his criminal record if any.
    Answer Applies to: New York
    Replied: 12/29/2011
    Orent Law Offices, PLC
    Orent Law Offices, PLC | Craig Orent
    Yes, someone (your friend) can be charged with rape based on allegations. Whether the government pursues the case by in fact charging him and proceeding to trial is a different question that will depend on the overall facts. If your friend suspects he's going to be charged with a crime, he should immediately consult a qualified criminal defense lawyer; he should not talk to anyone about the circumstances other than an attorney that he seeks out.
    Answer Applies to: Arizona
    Replied: 12/29/2011
    Hammerschmidt Broughton Law
    Hammerschmidt Broughton Law | Mark A. Broughton
    That is a very troubling situation. There are many cases that come through the courts, and ones that I have handled, just like this one, so it's not new. The short answer is yes, some form of sexual assault or other charge can be filed, depending on what she said happened and the facts and circumstances surrounding the event. The best advice I can give you is to get your friend to a good criminal defense attorney immediately; and, do not make any statements to the police or other investigator (or friends or anyone else other than an attorney) - despite what he might think, he will not be helping himself by doing so regardless of what the police tell him. The consequences for this type of offense can be potentially very serious, so get some sound advise right away!
    Answer Applies to: California
    Replied: 12/29/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Whether or not the DNA is positive is only part of the question. Assume the lady has reasonable hygene practices and bathes at least between sex acts, the finding of semen probably means that the semen found belongs to the friend. Friend could be in a lot of trouble. Mutual intoxication is not a defense. See Penal Code 261(a)(3). The nature of the accusation is that friend got gir drunk to have sex with her. Note that statute is gender neutral, maybe she got him drunk to take advantage of him. Friend needs a good attorney and a good invetigator.
    Answer Applies to: California
    Replied: 12/29/2011
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Your friend has been accused of rape (non-consensual sex).
    Answer Applies to: Georgia
    Replied: 7/2/2013
    Miel & Carr, PLC
    Miel & Carr, PLC | Keeley D Heath
    Your friend needs to not talk to the police. This is VERY important. He also needs to hire counsel who specializes in handling sexual assault cases BEFORE HE IS CHARGED WITH A CRIME. It is imperative that he refuse to talk to the police, and that he hire counsel. He also should decline to take a polygraph examination if offered. Tell your friend he needs to get in contact with an attorney IMMEDIATELY, as he is facing prison time, registration as a sex offender, and being labeled a felon for the rest of his life. The consequences for this are lifelong. He should take this very, very seriously. If she is alleging rape, he could be charged with Criminal Sexual Conduct in the 1st degree, a life offense felony.
    Answer Applies to: Michigan
    Replied: 12/29/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Rape is an extremely serious charge, and it could land a person in prison for decades. Your friend better hire an experienced criminal defense attorney ASAP before he talks to the wrong people (ie. cops) and incriminates himself.
    Answer Applies to: California
    Replied: 12/29/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    If the alleged victim was incapacitated, such as being passed out, where they were unable to consent to the sexual contact, criminal charges are certainly possible. Your friend would be wise to seek assistance of legal counsel and politely decline making any statements to police or others.
    Answer Applies to: Minnesota
    Replied: 12/29/2011
    William C. Gosnell, Attorney at Law
    William C. Gosnell, Attorney at Law | William C. Gosnell
    He needs to hire a criminal defense attorney. If this women states that she was raped then his defense assuming the dna test is positive is that the sex was consentual. If the woman can't remember any details then charges should not be brought.
    Answer Applies to: Tennessee
    Replied: 12/29/2011
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