Date Rape Charge for an Intoxicated One Night Stand

My question involves criminal law for the state of: Louisiana

During my fraternity formal, I had sex with a drunk girl. I didn't know her that well; she was a friends date and I only had a few conversations before the one night stand. At the formal, we both had large amounts of alcohol. I first saw her that night on the way back from Bourbon Street to the hotel. We were both pretty drunk at the time. Once back, we continued drinking by taking pulls of a 100-proof handle with other people. At this point I am extremely intoxicated and I lead her to her bedroom. We start making out and I'm pretty sure I asked her if she wanted to have sex; she said yes. I think I asked her, but the incident was a year ago and like I said, I was pretty drunk. Regardless of if I asked, in no way was I using force to take advantage of her. After we had sex, she put clothes on and started puking. I put her on her side in the bed with a trash can near her and she passed out.

Early the next morning, I remembered I didn't use a condom so I bought her plan b. When I gave it to her, she asked if we had sex; she was apparently black out that night. I haven't heard from her until today. A year and a half later, she is requesting a million dollars from my fraternity and alleging that I raped her. She claims that I roofied her even though I never gave her a drink. She claims that had only 2 drinks that night. She also claims that I didn't personally give her the plan b; she said that I just left it by the bed. There are strong inconsistencies and many lies in her story, but at the end of the day, I technically had non-consensual sex with her because she was drunk. What can happen to me? BTW please spare the judgments, I regret the decision regardless of how conscious I was when I made it.

Additional info: I have pictures of her drinking several drinks that night. There are multiple witnesses of her drinking even more.

What can happen to you? You can end up being convicted of rape, that's what can happen to you.

The fact that she was drunk actually supports her claim and not yours. If she was that drunk, she could be considered to be incapable of consenting, and if she was incapable of consent but you had sex with her, that can very easily, under LA law, be construed as simple rape.

well, you just confessed to a felony in your post OP.

get a lawyer and stop posting here.

I suggest you exercise your right to remain silent. If you do, she does not appear to have enough evidence regarding the nights events for this to successfully go anywhere after such a time lag.

The only person you should discuss this with is your criminal defense attorney. If the frat attorney calls do not talk to them at all, frats are businesses and you going to jail is cheaper than them paying a million dollars.

Consult with a few defense attorneys and have at least one programmed in your phone and written on a card in your wallet.