Legal Question in Sexual Harassment in Michigan
Can the victim of a rape case drop the charges if he/or she was intoxicated when the rape happened and she does not remember if it was consensual or not and told the cops that it was rape and already had a rape kit done.???
2 Answers from Attorneys
It is not up to the complainant whether or not to pursue the charges. That decision is that of the prosecutor. The prosecutor may drop the charges if he or she feels that they cannot win the case or that justice would not be served. However, if you were so intoxicated that you could not give consent, then it is non-consensual and automatically, criminal sexual conduct.
It's rape when she's too drunk (or unconscious) to understand what's going on. It's pretty obvious from your post that she did NOT give her consent, or else you would have mentioned it.
Women who can't remember don't ever call the cops or submit to the humiliation of a rape kit, but it's obvious that she recalls that you were present. Women don't cry "rape" against men they like and want to see again.
She could recant (It's happened) but then she could face charges for filing a false police report.
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