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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Criminal Law
Satisfied Customers: 11460
Experience:  Licensed Texas General Practice Attorney
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I have a close relative who thinks he committed a crime and

Customer Question

I have a close relative who thinks he committed a crime and I say he did not. The scenerio is this: He was with is girlfriend of 3 years, and after some drinks (she was not drinking, only he was), he pleads with her to have sex with him. She says she does not want to because the room mate is near by. He pleads with her again, while thinking that he is a better arguer and she will just give in. He again pleads and waits for her response. She said okay... He said that he is guilty of coerciion and therefore guilty of the crime of attemted rape. I say not even close. Please provide your response as soon as possible. He is very upset about this. This happened 3 years ago and now that he's been made aware of the terms coercion and attempted rape, he thinks he should be punished.
Submitted: 11 months ago.
Category: Criminal Law
Expert:  ScottyMacEsq replied 11 months ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

No, this would not be a crime. Coercion, legally, is conduct that attempts to influence by physical force or threat of physical force. Making an argument with words, etc... would not constitute coercion unless it was of the type where he said that she should have sex with him "or else" he'll do something to her.

ScottyMacEsq :

Coercion in a criminal context requires a negative consequence.

ScottyMacEsq :

IF there was no "or else" that would harm the "victim" or the property / loved one of the victim, that would certainly not be coercion.

Customer:

He said that it was "his" responsiblity to know that he did not "take away her choices" or options. He read that there doesn't have to be a physical threat, just the idea that he "took away her choices" and therefore is coercion... Based on the fact tat he took away her choices... I say that she always had choices, she easily could have just left. Does this make sense? Know that the person he had sex with did consent and he even checked with her after all these years and she didn't even remember it and doesn't remember it being a big deal. His whole thought is the fact that he "took away her choices" by saying, "please baby please" about 10 times....

ScottyMacEsq :

Unless she had some sort of mental defect that made her incapable of making a different choice AND he knew about that defect, then this did not take away her other choices. It would pretty much have to be physical force or a threat of physical force (otherwise the person could get up and leave) for it to be coercion. She would have to have no other option AT ALL for that to be coercion.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

Okay -- the last thing on this just so that I can talk to him about this... There is absolutely no mental defect, but he says that because her personality type is one that easily gives in and he knows that, he knew that by asking her many times, she would give in. In his mind -- again -- coercion. I've been telling him it's a give-and-take between two people who, at the time love and trust one another. I need more legal jargon to get through to him. Once he asked her the last time, he waited to get a response, he insists this was bad and that he needed to inform her that she has other choices, that because of his begging, she "may" not have known them at the time. He feels it was "his" responsiblity to actually tell her this???

ScottyMacEsq :

No, of course not. Attempted rape is assault by a person involving sexual intercourse with another person without that person's consent. Consent is permission for something to happen or agreement to do something. Even if she's of the type that can be easily persuaded, if she CAN say no, then she has the ability to consent. Only if she did not possess the ability to say no would there legally be no consent.

ScottyMacEsq :

The law doesn't look at how easily persuadable the person is, but rather if they have an ability to say no in the first place AND whether the alleged perpetrator knows this or not.

ScottyMacEsq :

Sexually promiscuous individuals are easily persuaded into having sex. That doesn't make every time they have sex rape, because they do so consensually. Only if they don't have the ability to say no (without serious harm to themselves) would that be rape.

ScottyMacEsq :

(I'm not saying that this girlfriend is sexually promiscuous, but the point about being persuaded into having sex is what I was getting to there)

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

Yes, understood. Thanks for your input. I hope he will listen to this... coming from an attorney. Thank you.

ScottyMacEsq, Lawyer
Category: Criminal Law
Satisfied Customers: 11460
Experience: Licensed Texas General Practice Attorney
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