Sexual Battery Against an Impaired Victim

[Nyjet]

Hey i just wanted opinions on my brothers situation. He is accused of having sex with a woman who claims she was substantially impaired when they had sex. In his defense he told me and his attorney that him and the accuser met at a bar, she came up to him and was interested in him and danced on him most of the night. He says he never bought the girl a drink nor did he see a drink in her hand.

After the night at the bar he left with her in a uber back to his apartment and they started having sex and out of nowhere the girl got emotional and told him to stop. He stopped and the girl was crying and emotional and said when she has sex sometimes she has flashbacks when she got raped years ago. After that my brother freaked out and made her feel better and told her it was best if she goes back to her home instead of spending a night at his place. She called a uber that same night and went back to her home.

This accusation was MONTHS ago but my brother got indicted by a grand jury and was charged with sexual battery. Apparently the girl has a few of her friends as witnesses but in my opinion her witnesses are bogus because if they all knew she was really drunk why would they let their friend go home with a stranger??? I believe her witnesses are gonna say the girl was intoxicated but will that hold up?

He is set to go to court soon and most likely will go to a jury trial. If you are members of a jury what would you think on this whole situation???

[cdwjava]

It depends on what is presented to the jury. The tale you heard from your brother may NOT be the same tale that is related to the jury. In fact, it is very likely that your brother's attorney would not allow your brother to take the stand. Therefore, the story the jury might receive could be substantially different than the narrative you received.

What state is this? The offense of "sexual battery" has different meanings in different states, and in most states I suspect it is a significantly lesser offense than rape - the crime that appears to be implied in your post.

Keep in mind that you have also made yourself a witness to this event because of your brother's statement to you. While it is unlikely you would be called to testify, it is possible that the prosecution could call you to provide testimony as to what your brother said or did in your presence. So, keep that in mind if you have future interactions and discussions on this matter.

[asa_jim]

Your brother's attorney should determine any other witnesses to the events of that evening, such as a bartender at the bar, etc. The woman in question had to be considerably more than "impaired" for this to have been charged. In most states, impaired only means that a person's normal faculties to see, walk, talk, drive, etc. are diminished in some material way. In order to be unable to consent to sex, a person has to essentially be incapacitated to the point where they cannot give informed consent. A couple of drinks can "impair" a person, but that doesn't mean they cannot consent to sex. Clearly, the grand jury heard more that what's being told here.

[qwaspolk69]

Hey i just wanted opinions on my brothers situation. He is accused of having sex with a woman who claims she was substantially impaired when they had sex. In his defense he told me and his attorney that him and the accuser met at a bar, she came up to him and was interested in him and danced on him most of the night. He says he never bought the girl a drink nor did he see a drink in her hand.

After the night at the bar he left with her in a uber back to his apartment and they started having sex and out of nowhere the girl got emotional and told him to stop. He stopped and the girl was crying and emotional and said when she has sex sometimes she has flashbacks when she got raped years ago. After that my brother freaked out and made her feel better and told her it was best if she goes back to her home instead of spending a night at his place. She called a uber that same night and went back to her home.

This accusation was MONTHS ago but my brother got indicted by a grand jury and was charged with sexual battery. Apparently the girl has a few of her friends as witnesses but in my opinion her witnesses are bogus because if they all knew she was really drunk why would they let their friend go home with a stranger??? I believe her witnesses are gonna say the girl was intoxicated but will that hold up?

He is set to go to court soon and most likely will go to a jury trial. If you are members of a jury what would you think on this whole situation???

Were you there? Did you witness anything? So how do you know which witnesses are bogus or not? He has a lawyer, let his lawyer do his or her job. You obviously don't know everything that was presented.

If I was on a jury I would get far more than just your brother's side of the story.