Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight
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I am very sorry for your situation. Technically, this would be considered sexual assault
In New Jersey, the law defines sexual assault as "the penetration, no matter how slight, in which physical force or coercion
is used or in which the victim is physically or mentally incapacitated". For the full definition of sexual assault please refer to NJSA 2C:14-1, which may be found here
If a persons is obviously too intoxicated to give consent, then they cannot give consent
In addition, if you stated no, then this was also against your will. "Effectively, a woman who was above the age of consent had actively and affirmatively to withdraw that consent for the intercourse to be against her will." State in Interest of MTS, 609 A. 2d 1266 - NJ: Supreme Court 1992
So either you were unconscious and unable to give consent (sexual assault), or you were conscious enough to state "no" and he still proceeded (still sexual assault).
As such, there is a compelling case here for the prosecutor. One is urged to consider filing a criminal complaint
I hope this helps and clarifies. Good luck.
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