Legal Question in Sexual Harassment in California
If a girl punches a guy and he rapes her bc he wants her to stop and she didn't love or want it. Will she go to jail too? She didn't stop punching him, he got annoyed, he raped her . She struggled hard to the point she was hurting herself, shouting no the whole time, and trying to push him away and keep her pants on. He stopped after 6 min and didn't finish. But to her she was still raped. He blackmailed her saying "if u report, u will go to jail too because you punched me first before I raped you. So you will go to jail too."
She's afraid to report the rape because she thinks since she punched him and wouldn't stop that she will go to jail too. But she didn't know he would rape her. Will she go to jail as wel does she only have to pay a charge? Or does she goes to jail? Or both? She's terrified of going to jail for punching him before she knew he was gonna rape her.
1 Answer from Attorneys
Facts are a little scattered, but it sounds like the guy is in serious trouble. The girl probably punched the guy for self defense. Even if the girl punched the guy first. Not in self defense, the guy had no right to sexually assault her. The girl should contact the police.
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