Legal Question in Criminal Law in California

Can someone press rape charges against you if you were both intoxicated and minors when i happened? We both just turned 18 a few days ago but when it happened we were still legally minors. She was more intoxicated than i was and she kissed me. i wasn't of sound mind so i assumed that was a green light for us to engage in intercourse. she in no way protested my advances and in fact egged me on. however the next day she confronts me via text and accuses me of taking advantage of her. she is extremely mentally unstable and i fear she might pursue legal action.


Asked on 9/10/14, 9:54 pm

3 Answers from Attorneys

Zadik Shapiro Law Offices of C. Zadik Shapiro

Its up to the DA to charge but the answer is yes you can be charged. You should see an experienced criminal defense attorney immediately,

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Answered on 9/11/14, 12:20 am
Anthony Roach Law Office of Anthony A. Roach

Yes you can be charged, but that is up to the prosecutor, not her. I also point out that you should not be broadcasting the facts of the case on the internet, but rather speak privately with a criminal defense attorney. Consent is not a defense to statutory rape.

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Answered on 9/11/14, 4:52 am
Terry A. Nelson Nelson & Lawless

You are right to fear this. If the DA files and presses rape charges against you, that is a felony you are facing.

A little free advice if not already too late: exercise the 5th Amendment right to SHUT UP and do NOT talk to police or ANYONE about the case except with and through an attorney.

When charged with any crime, the proper questions are, can any evidence obtained be used against you or can it be suppressed, can you be convicted, and what can you do? While this isn't a 'capital case', it certainly carries potential �time�, so handle it right. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will defend you, try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be. I�ve been doing these cases for many years.

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Answered on 9/14/14, 2:11 pm


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