I think I was raped

I was at a party and i got drunk. I layed down and my male friend comes over and starts trying to kiss me. He then proceeded to touch me and take of my pants and he performed oral sex on me. He also took out his penis and proceeded to put a condom on but he was drunk too and couldnt manage. I didn't want any of this to happen. I think i was raped. Was I?

in most states I am aware of, it is rape when you are incapable of giving consent due to intoxication so yes, you were probably raped. At the least you were sexually assaulted to some degree. Each state has its' own definitition of the varying degrees of sexual assault. Without you mentioning the state, I have no way of researching what the actual crime could be.

Unless there are witnessess or you have some other proof it will be difficult to prosecute though and the DA may not attempt to prosecute.

In most states, rape is considered to have taken place when you have penitration however slight by any object or appendage in any orfice of the non consenting persons body. So if he did penetrate by fingers or toungue, He is guilty of rape. And you need to report it. No is NO! At the very least, you have a sexual assult charge on him.

Problem with reporting this will be lack of evidence if no penetration happened its not likely there will be enough to prosecute.

It is quite possible to get a conviction for the acts described.

it's also possible the PA will not even entertain charges. I am very close to a situation where there was similar circumstances and much more activity that they refused to prosecute.

Quote:

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Quoting whoknow85

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I was at a party and i got drunk. I layed down and my male friend comes over and starts trying to kiss me.Did you try to stop him? He then proceeded to touch me and take of my pants and he performed oral sex on me. You make no statement you tried to stop this He also took out his penis and proceeded to put a condom on but he was drunk too and couldnt manage. I didn't want any of this to happen. I think i was raped. Was I?

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I am not down playing what happened so please dont take it that way. Look at this from outside. You admit your drunk you admit having knowledge of what was happenning to you yet you not once say you tried to stop it or yelled for help! This will not work in your favor and I again wonder what evidence there is of a rape!? If oral sex was only act (since you state he did not enter you) I fail to see how you can prove this happened

In Canada, we don't have a charge of "Rape" per se. We have "Sexual Assault" which is all encompassing and covers the offence that is described here. That being said, a charge would be laid, but a conviction would be difficult at best!

All the best!

Jay

It's quite fascinating to get these perspectives from people who have no experience with the actual prosecution and defense of sexual offenses.

A good resource for anyone dealing with sexual assault is the Rape Abuse Incest National Network. Their website is www.rainn.org and their toll free 24 hour hotline number is 1-888-656-HOPE.