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Sexual Abuse?

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otheruser

Junior Member
What is the name of your state? Maryland

This may not be the correct forum but part of the issue directly relates to a domestic violence case.

A very attractive married woman in her early 40's has a history of alcohol and drug abuse. Until her detox and initial rehab, which began approximately 2 weeks ago, this 115 lb woman consumed on average 2 bottles of wine and 2 to 4 mg of Xanax per day. She was also being treated for depression. Her detox councelor described her as a "walking zombie". This woman also suffered through a physically and mentally abusive 15yr + relationship which has caused long term psychological damage.

4 months ago this woman fell out of a parked vehicle and damaged her face. The damage included broken bones, contusions, and abrassions. The next morning, she believed that her husband had hit her. Her husband, after discussing the situation with her familiy members called the police in an attempt to secure "forced" intervention on the grounds that she was a danger to her self. The police arrived and the husband was arrested. A pretrial determination initiated a no contact/no return order. She recieved couseling from various DV and victim advocates. They convinced her that she was in danger and should retaliate against her husband.

She was new to the area and had no friends and no family support. Her family was firmly on the side of the husband and was prepared to testify on his behalf. She became severely depressed and at times suicidal.

Approximately 2 months after the arrest, she interviewed for a job at a local restaurant/tavern, her first job in over 3 years. The male manager hired her as a hostess. During the interview she revealed that she was married and described the situation concerning the domestic violence and court order. Almost immediately, this manager began sexual advances. After a few days, she broke her ankle and was prescribed Oxycodone for pain. The doctor was unaware of the alcohol and self medication on Xanax. After breaking her ankle, her new friend had her follow him to his house and continued his advances which culminated in sexual intercourse. After approximately 3 weeks of this "relationship", he discarded her. She had difficulty handling the realization that she had been targeted and used. Again, this emotionally unstable woman was constantly under the influence of alcohol, xanax, and sometimes, oxycodone or vicadin. After discarding her, the manager took action to have her hours cut, and other which forced her to leave her employment.

Eventually, she came to the realization that her husband had not hit her and invoked marital priviledge. Charges were dropped and the husband was found not guilty for lack of evidence. After, detox, she began suffering severe anxiety because of the events involving her manager. He has since sworn out a peace order against her and swore to the sexual relationship in his motion.

From a legal perspective, what has happened to her? Does she have any recourse against him or the the tavern (the general manager was aware of much of what was happening)?
 
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seniorjudge

Senior Member
A drunk/stoned woman follows a guy home, has sex with him, and now she wants to sue someone. Who can she sue?

Is that a correct rephrase of your question?
 

otheruser

Junior Member
Incapacited rape is a felony in the State of Maryland......

Forced termination directly related to a sexual relationship between a manager and a direct employee is also a potential issue.
 

seniorjudge

Senior Member
Incapacited rape is a felony in the State of Maryland......

Forced termination directly related to a sexual relationship between a manager and a direct employee is also a potential issue.
According to your post, she left the job: "After discarding her, the manager took action to have her hours cut, and other which forced her to leave her employment."

Rape of any kind is horrible. But the facts you set forth in your post do not indicate rape: "After breaking her ankle, her new friend had her follow him to his house and continued his advances which culminated in sexual intercourse."
 

otheruser

Junior Member
Also, she was diagnosed with depression. The question involves the capacity to make a desicion.

The word "friend" was my word used to describe what she thought she was getting into.

She also has "very" limited recolection of much of the "relationship", though she has begun to recall more after the detox.
 

Shay-Pari'e

Senior Member
"walking zombie"

Exactly, a *WALKING ZOMBIE*.

Look, I don't know if this is homework for you or a real life issue, but this woman is in much need of help. She willfully went and had sex. Under the influence or not, that is not rape.

Did she say NO? Or did she enjoy herself and then have a drink and take drugs?

Get real here.
 
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otheruser

Junior Member
This is real life. The drinking starts immediately upon waking in the morning. The Xanax follows shortly thereafter. She also has experienced numerous blackouts on a nearly daily basis. Her concept of reality was doubtful at best. She was unable to recall falling out of a parked vehicle.

I am asking questions on her behalf. I am seeking answers and opinions.

My personal opinion was that she was targeted because of her fragile condition and used sexually. It may very well not have violated any laws; I'm just trying to help this individual recover.
 

otheruser

Junior Member
"walking zombie"

[ but this woman is in much need of help. She willfully went and had sex. Under the influence or not, that is not rape.

Did she say NO? Or did she enjoy herself and then have a drink and take drugs?

Get real here.[/I][/B]
Yes, she is very much in need of help.....
She willfully went but was not, according to her, looking to have sex. At what point she conscented or not is unknown to me. My opionion is that at some point she gave in because her condition was such that she did not even care about her own life.
 

Shay-Pari'e

Senior Member
Sorry, but you cannot fault the guy. She drove and followed him home. Get her help is the best thing you can do for her, before she kills an innocent person while stoned out of her mind driving.

She has no case. She went willfully.
 

otheruser

Junior Member
Ok......

btw... maybe this is the best thing to have happened to her. It looks like she finally hit bottem and admitted herself into detox and rehab....

Thanks
 

seniorjudge

Senior Member
Ok......

btw... maybe this is the best thing to have happened to her. It looks like she finally hit bottem and admitted herself into detox and rehab....

Thanks
Well, there is nothing good in this situation at all, but I understand what you are saying.

Good luck....
 

xylene

Senior Member
My personal opinion was that she was targeted because of her fragile condition and used sexually. It may very well not have violated any laws; I'm just trying to help this individual recover.
A point of information. You can't help someone recover, and even worse you seem to be trying to do the recovery for the person.

Who are you in this tangled situation? While it is tempting to play guardian angel in the lives of people we care about it may not be as helpful as you think, it may be very detrimental and and it may expose you to serious consequences.


I find this statement "targeted because of her fragile condition and used sexually." particularly humorous. This describes the NSA / bar scene / casual sex to a T.

Having adulterous sex and subsequently being wracked with guilt doesn't make a crime or a civil tort.

While their may be issues of sexual harassment, the case is the essence of unprovability. Why? The fact that she is an alcohol and drug addled wreck are also compelling reasons why her hours were cut and she eventually quit, and would no doubt form a sure to be winning defense.
 

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