Criminal Law Questions? Ask a Criminal Lawyer.
Obviously you need to hire an experienced criminal defense attorney in Utah. This is a serious matter.
If what you write is true, then you have a reasonable defense. Your attorney is correct in that you should not have been drinking, but I don't think you are SOL. I am reluctant to second guess an attorney exposed to all the facts, but if you are unhappy with his efforts, you are free to seek other counsel.
I would fight this. At your age this kind of a conviction is life altering.
Do i have hope like is there a law that we we were both intoxicated that makes us both unawear of the situation and where she provided the alcohol?
Voluntary intoxication is no defense. You cannot get drunk, rape someone and then use the fact that you were drunk as a defense.
On the otherhand, from a social/moral perspective, it begs the question to ply a minor/18 year old with alcohol, have sex with them and then wake up crying rape.
Again, you are apparently represented and I do not wish to second guess your council, but from an argument perspective, add a couple of years to her, knock a couple off you and it is still rape?
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