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Ask California Lawyer Your Own Question
California Lawyer
California Lawyer, Lawyer
Category: Criminal Law
Satisfied Customers: 1041
Experience:  Licensed to practice law in California
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i was accused of rape. we were both drinking me being 18 at

Customer Question

i was accused of rape. we were both drinking me being 18 at the time her being 23 and providing the alcohol. she was willing then the next morning waking up relzing she had just slept with someone she worked with and called rape. she went and got a rape test with it showing only a small tear is there anything i can use in court because we were drinking and her providing it to me under age
Submitted: 8 years ago.
Category: Criminal Law
Expert:  California Lawyer replied 8 years ago.

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.

Customer: replied 8 years ago.

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?

Expert:  California Lawyer replied 8 years ago.

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?