Legal Question in Criminal Law in Colorado

was it rape

I got drunk with some friends and blacked out. I dont remember anything. I woke up the next day and was informed that I had sex with someone. but they also say I said I didnt want to do anything all night. Was it rape?


Asked on 7/13/07, 4:29 am

3 Answers from Attorneys

Jason Savela The Savela Law Firm, PC

Re: was it rape

there is a rape type charge where a person takes advantage of a person they know is unable to consent (passed out or near so). The alleged perpetrator's intent is the important thing here. If a person (victim) is blacked out and says they want to have sex or indicates so physically, then likely the alleged perpetrator did not have intent to commit rape.

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Answered on 7/13/07, 1:36 pm
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: was it rape

If drunk to the extent that you could not consent, and other knew you were drunk and unable to consent then maybe rape. If you did something to show consent, then maybe not.

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Answered on 7/13/07, 8:09 pm
Philip Rosmarin Rosmarin Law Firm

Re: was it rape

I am afraid it would be very difficult for the state to prove you did not consent, if you cannot remember anything. This will be particularly true if you did not have a medical examination shortly after, and there are no physical signs of forced sex.

If you have reason to believe you had sex with someone, and by sex you mean intercourse, it seems to me your more pressing question would be whether there is a possibility of pregnancy, and what you can do about that. If you haven't already, see a doctor as soon as you can, particularly if this event is recent.

Good luck.

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Answered on 7/14/07, 1:04 am


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