Can I bring this to court? (Statutory rape)

[Mikdallas]

About a week ago I had sex with a man who is 22 years old. I am only 16. I was also drunk at the time. The man kept pressuring me and my friend to drink and he himself only had a couple of beers. I did "consent" to sex and wanted to at the time, but then again I was drunk. Could I bring this to court and get him charged? Would I get in trouble for drinking as well? Please help.

 

[Zigner]

About a week ago I had sex with a man who is 22 years old. I am only 16. I was also drunk at the time. The man kept pressuring me and my friend to drink and he himself only had a couple of beers. I did "consent" to sex and wanted to at the time, but then again I was drunk. Could I bring this to court and get him charged? Would I get in trouble for drinking as well? Please help.

Please speak with a trusted adult about this matter. That can be your parents, a teacher, a school counselor, or the leadership at your church.

 

[cbg]

In what state was this?

 

[Mikdallas]

It was in California.

 

[quincy]

It was in California.

Thank you for providing your state name, Mikdallas. The advice offered you by Zigner earlier is good advice.

Yes, you could potentially get into trouble for drinking but it will be your 22-year-old partner who faces the most serious criminal charges should you report his actions to the police.

It is best right now for you to speak to a trusted adult and explain what happened. The adult can contact an attorney in your area for you later, for a discussion of the legalities and what your options are moving forward.

Good luck.

 

[CdwJava]

About a week ago I had sex with a man who is 22 years old. I am only 16. I was also drunk at the time. The man kept pressuring me and my friend to drink and he himself only had a couple of beers. I did "consent" to sex and wanted to at the time, but then again I was drunk. Could I bring this to court and get him charged? Would I get in trouble for drinking as well? Please help.

Yes, this man could get in trouble for unlawful intercourse with a minor - a felony (PC 261.5). If it can be shown that you were impaired at the time, it is possible that he could also be charged with rape (PC 261), though since November this would effectively be a "non-violent" offense and subject to potential minimal sentencing if it could be proven to have occurred.

Keep in mind that just drinking does not mean you were too impaired to give consent. You'd have to be pretty clearly drunk and incapable of giving consent for it to be the crime of rape per PC 261. No matter your impairment, sexual intercourse between a 22 year old and a 16 year old minor is potentially felony unlawful intercourse per PC 261.5.

You cannot "bring this to court," but you CAN tell your parents and report it to the police. You should also consider counseling.

 

[Mikdallas]

I was very very drunk at the time. Like almost blackout drunk. I was not at all in the right mind to give consent. Trust me, I already go to therapy and I already plan to tell her I was just wondering if he would go to jail or not. Do you know what kind of trouble I could get in?

 

[CTU]

I was very very drunk at the time. Like almost blackout drunk. I was not at all in the right mind to give consent. Trust me, I already go to therapy and I already plan to tell her I was just wondering if he would go to jail or not. Do you know what kind of trouble I could get in?

What did your parents say?

 

[CdwJava]

I was very very drunk at the time. Like almost blackout drunk. I was not at all in the right mind to give consent. Trust me, I already go to therapy and I already plan to tell her I was just wondering if he would go to jail or not. Do you know what kind of trouble I could get in?

While theoretically possible that you could get in trouble for being in possession of alcohol, the reality is that you almost certainly will NOT get in trouble for that. In similar situations, I have NEVER seen the juvenile charged with alcohol possession (a low grade misdemeanor usually requiring fines, alcohol counseling, and a license suspension anyway).