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  1. #1
    Join Date
    Feb 2012
    Posts
    1

    Default If Both Parties Are Intoxicated and Have Sex, Can One Claim Rape

    My question involves criminal law for the state of: Florida
    She and i had sex while we were intoxicated. I remember nothing from the night, but some people there said that we did have sex and other say we didnt. Its been almost a year and now she says i raped her and shes thinking about pressing charges. She has never said anything about rape before. Is this rape, and should i get a lawyer?

  2. #2

    Default Re: If Both Parties Are Intoxicated and Have Sex, Can One Claim Rape

    If she was impaired and her ability to give consent is in question, yes, you could be facing a rape charge. The statute of limitations is three years, so they've got lots of time. If it IS rape or not is what a jury would have to decide based on the facts and witness statements IF she actually files a police report and IF the state decided to prosecute the case. It wouldn't hurt to have a couple of attorney numbers handy if police ever want to question you, and a MUST if they actually charge you.
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  3. #3
    Join Date
    Jan 2012
    Posts
    17

    Default Re: If Both Parties Are Intoxicated and Have Sex, Can One Claim Rape

    I would consult with an attorney immediately. Ensure you have attorney-client privileged and tell him your side of the story. Do not consult with your friends or talk to her anymore. Remember everything you say can be used against you, even what you tell your friends. When the police contact you, or if she does you may think that you are not incriminating yourself if you were to say something like "oh I was at that party I think" but you would be surprised how one statement turns to many statements. Once you admit something small, they will get you to keep talking. Best to assert your rights and not make any statements outside of counsel.

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