Legal Question in Criminal Law in California

Drunks and binge drinkers behave very differently from sober people, and even though his alleged drunken behavior is dissonant with your experience of him, Your Friend could well be guilty -- especially since he was so blotto he doesn't even remember. The legal time limit for prosecuting a rape is much longer than 6 months, but the more time that passes the easier Your Friend can rest. What is this person doing in the present to address his drinking problem? The third, fourth and fifth time he gets drunk and is accused of sexual assault, nobody is going to believe it's a he-said she-said.

I agree with Mr. Stone. To answer your last question, waiting until after your friend turns 18 to file charges would not allow the authorities to charge him as an adult. What matters is the defendant's age at the time of the offense, not the time he is charged or put on trial. Even so, if a crime is particularly egregious, the juvenile court can order that the defendant be tried as an adult.