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Friend who was raped
I am sending this on behalf of my best friend in the whole world. She has been having flashbacks recently and depression so i had her go see a councilor. This is what the councilor told me. My friend was at school orientation in july of 2004. She happend to be in a group with one of the football players When they released the students to go back to their rooms this player asked to hang out with my friend. There was a group of people and she thought they were just going to play cards.This man had alchohol and convinced her (both of them were underaged 18 obviously to drink). Now this girl had never drank in high school and had only drank alcohol once in her life before this. She is a very religious person and she told them this and even told them that she was a virgin and was saving herself for marriage, this man told her he religious too. As the night went on these men continued to pour liqour into her cup and pressuring her to drink more. She is not more than a hundred and ten pounds and was quickly very intoxicated. Obviously they had something planned by getting her intoxicated and were using it as a date rape drug. When she was at the point that she could hardly function(walk, talk) this man took her into one of the bedrooms and took her clothes off and began having sex with her without her eve saying anything along the line of she wanted to. She never consented (communicated that she was willing) and was clearly too drunk to fully know what was going on. After he saw she was bleeding from her vagina he went to the bathroom to clean off and the door shut with an automatic lock. He came back but she could not open the door because she had passed out. This was a long time ago but she was not awarwe of what the law actually says and what rape is and she blamed herself for drinking. Just because you drink does not mean you deserve to be raped right? This is an absolutley scarring and atrocious thing and if this is how. I am encouraging her to talk to an attorney. I am utterly disgusted and it seems in legal terms this was not a consensual encounter i . However this happened a year and a half ago and she has just realized the magnitude of this incindent. Is there anything she can do to prosecute and if not is there any way to legally let people know(eg newspaper so that he does not continue to get away with this type of behavior) please help! Thanks
there are three conditions to consent: 1) both parties are fully conscious; 2) both parties are equally free to act; and 3) both parties have positively and clearly communicated their intent. These were definitley not the case and my friend was violated in the worst way possible. Maybe she was scared to say anything and maybe she didnt know the laws and thats why she never said anything before but the truth comes out eventually.
Rape – Rape is a crime of violence, anger and power, which is not always motivated by sexual desire. Rape is the sexual penetration (however slight) of the victim’s vagina, mouth, or rectum without their consent. Rape involves penetration with (a) the use of force/fear; or (b) with an individual who is unconscious or physically powerless to give consent; or (c) with a person who is otherwise incapable of giving consent, including situations where the individual is under the influence of alcohol or drugs and this condition was or should have reasonably been known to the offender.
Stephcisunm
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It is doubtful that the statute of limitations has passed on a rape charge. However PROVIONG it after so long is going to be nearly impossible.
There will also be the issue of consent ... the prosecution would have to prove that she was so inebriated she was unable to provide consent ... again, something virtually impossible at this point unless there are some good witnesses that can assert that she was passed out or something.
She should talk to the police and the DA's office and see what can be done. But, she should not get her hopes up that a prosecution is possible. A prosecution - much less a conviction - based SOLELY on her word is not likely.
- Carl