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Ely
Ely, Counselor at Law
Category: Legal
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If I was drunk, remember saying "no" to a guy who was lying

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If I was drunk, remember saying "no" to a guy who was lying in bed trying to touch me, he stopped, but then I blacked out and came out of the black out to my pants off and him seeming to get ready to have sex, but then stopped once I said no, would that be considered anything? Also, I because aware of the situation by feeling him against me and his finger inside of me.
Submitted: 10 months ago.
Category: Legal
Expert:  Ely replied 10 months ago.
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 delay between your follow ups and my replies.

I am very sorry for your situation. Technically, this would be considered sexual assault, arguably.

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 under law.

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.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87111
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 4 other Legal Specialists are ready to help you
Customer: replied 10 months ago.

Would it still be considered sexual assault if, once realizing what was going on and saying "no" he did stop and left me alone, apologizing if he did anything wrong?

Expert:  Ely replied 10 months ago.
Z,

This then becomes subjective.

IF THE PROSECUTION CONTENDS THAT YOU COULD NEVER GIVE CONSENT BECAUSE YOU WERE TOO INTOXICATED TO BEGIN WITH, then regardless of what you said or did not say, this was sexual assault because you could not give consent.

IF THE PROSECUTION CONTENDS THAT YOU GAVE INITIAL CONSENT BUT THEN WITHDREW IT, then the sexual assault would only have been deemed occurred if he continued after you stated no the first time.

Of course, this is all in theory. In the end, it would be up to a Judge or Jury to make a decision for the above.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.

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