My girlfriend on parole got drunk then raped?

[Jay in Portland]

What is the name of your state (only U.S. law)? Arizona

Hello everyone, I'm hoping you can help me figure this out on behalf of someone I'm emotionally invested in. My poor girl friend is in trouble. She went out with a friend of hers, some one she has known since she was twelve years old. She is now twenty-six years old and she believes that she is a victim of rape. Her situation is complicated and doesn't know what to do for fear of getting into more legal trouble herself.

My question is: Can she file a complaint without getting in more legal trouble as she is still on parole?

Read on if you care to. In early 2011, she got a DUI. She got in legal trouble and her drivers license was suspended. About six months later, she got drunk, drove her car, wrecked it on the highway on her own, subsequently arrested and charged with a second DUI. She served a few months of jail time followed by a period of parole which she is currently on.

About a month ago, she got arrested again for assault (slapped the crap out of her three-years'-old baby daddy in an argument). She got legal representation, and her attorney guided her down a path of entering a plea bargain.

Her incident happened last Saturday night. She finished paying off her original Court Fees from the second DUI incident and had an arrangement with her parole officer that would release her from parole if she simply paid off her DUI court fees. So she felt free of this burden. No more court fees or parole. She dealt with the assault issue, she has to take some anger management classes and pay a more manageable fee. But all in all its pretty much over and she can close this chapter of her life and move on. Her parole will be officially over at the end of May as per her agreement with her parole officer.

She got a call from her friend and decided it was a good time to go celebrate with him. They made arrangements and went to his place and got really drunk. Blackout drunk. She doesn't know what happened to her. She woke up in a strange place, scared, her knuckles are bruised and lacerated. She complained to me about pain in her vagina and told me on a phone call that she was on her way to the urgent care. He evidently abandoned her somewhere that night and this was all very difficult for me to understand because it she was crying so hard over the phone.

She doesn't know if she can file a complaint or not because she clearly violated one of the terms of her parole.

Is there anything she can do her from a legal standpoint or not?

 

[swalsh411]

Run like you have never run before in your life. This person is toxic.

 

[Silverplum]

What is the name of your state (only U.S. law)? Arizona

Hello everyone, I'm hoping you can help me figure this out on behalf of someone I'm emotionally invested in. My poor girl friend is in trouble. She went out with a friend of hers, some one she has known since she was twelve years old. She is now twenty-six years old and she believes that she is a victim of rape. Her situation is complicated and doesn't know what to do for fear of getting into more legal trouble herself.

My question is: Can she file a complaint without getting in more legal trouble as she is still on parole?

Read on if you care to. In early 2011, she got a DUI. She got in legal trouble and her drivers license was suspended. About six months later, she got drunk, drove her car, wrecked it on the highway on her own, subsequently arrested and charged with a second DUI. She served a few months of jail time followed by a period of parole which she is currently on.

About a month ago, she got arrested again for assault (slapped the crap out of her three-years'-old baby daddy in an argument). She got legal representation, and her attorney guided her down a path of entering a plea bargain.

Her incident happened last Saturday night. She finished paying off her original Court Fees from the second DUI incident and had an arrangement with her parole officer that would release her from parole if she simply paid off her DUI court fees. So she felt free of this burden. No more court fees or parole. She dealt with the assault issue, she has to take some anger management classes and pay a more manageable fee. But all in all its pretty much over and she can close this chapter of her life and move on. Her parole will be officially over at the end of May as per her agreement with her parole officer.

She got a call from her friend and decided it was a good time to go celebrate with him. They made arrangements and went to his place and got really drunk. Blackout drunk. She doesn't know what happened to her. She woke up in a strange place, scared, her knuckles are bruised and lacerated. She complained to me about pain in her vagina and told me on a phone call that she was on her way to the urgent care. He evidently abandoned her somewhere that night and this was all very difficult for me to understand because it she was crying so hard over the phone.

She doesn't know if she can file a complaint or not because she clearly violated one of the terms of her parole.

Is there anything she can do her from a legal standpoint or not?

She must seek her own legal help, which I can imagine she won't do because the bar is closer than the attorney's office, and somewhat cheaper.

 

[TigerD]

Or she did something she doesn't want to admit to her "boyfriend" and ponied up a plausible story.

Either way, I agree with swalsh -- get away from this mess. There is nothing good for you here.

DC

 

[Mass_Shyster]

Have your friend talk to these people. http://govguru.com/arizona/rape-and-sexual-abuse-counseling-rasac

Ignore the callous comments from the peanut gallery.

 

[OHRoadwarrior]

So far all you established is she got drunk and apparently had sex. Tell her to put on her big girl panties and make her own decision on what to do.

 

[Antigone*]

While I agree that you should take care of yourself by separating from this toxic person, you might also advise her to get some serious help with her drinking problem. If she can't see that she has a problem, she man running for the hills can't be done fast enough.

 

[Jay in Portland]

Well here is an update, I just found out that my girlfriend submitted a police report after all. I understand where you guys are coming from. Thanks for the advice. I may wish to take you guys up on it someday. For now, I'm going to help her through this as a friend.

Evidently she had a full blown rape kit and screening administered at the doctors office yesterday morning. I'm not sure what will happen moving forward. I'm really angry about this entire situation. I'm angry at her so called friend, I'm angry at her, and I'm angry at myself.

Thanks for reading guys, and thanks for the legal advice. I think I will drop this for now.

 

[tranquility]

No one deserves to be raped. There is not a get out of jail because of problems exception. But, that is not the question, is it? Yes, girlfriend can suffer consequences for violating parole conditions. As well, the rapist should be punished.

As a legal matter, I have no idea. This is not going to work out.

As. A moral one, girlfriend should recognize the court was right. Don't do that thing the court told you not to do. Just don't. You (she) has proven that is not the way to roll. The call is, selfishness or justice. In a perfect world, this will all work out. In this world, who knows?

Tell the truth. While it may not be better for girlfriend, it is better for society. Her call.

 

[OHRoadwarrior]

13-1404,13-1406 are the AZ related statutes. As OP has noted, his girlfriend has no idea whether she consented or not. Her case is weak at best, though I am sure it will get better with each telling.

 

[Just Blue]

She must seek her own legal help, which I can imagine she won't do because the bar is closer than the attorney's office, and somewhat cheaper.

Seemingly nasty but incredibly accurate post. ^

 

[Just Blue]

Seemingly nasty but incredibly accurate post. ^

Please allow me to clarify.

If ANY PERSON, male or female is legally drunk? They can NOT consent to any sexual acts. But if said fe/male is on parole they may have to deal with the violation as a separate legal matter.

OP's friend is making a LOT of really poor decisions. They are hurting her and are VERY LIKELY HURTING her CHILD. She needs to stop and consider how her actions will and HAVE hurt others.

She also needs to consider if she is "okay" with some other future victim going through what she is now experiencing.
That is her choice. OP can't make it for her and neither can random persons on the net.

 

[OHRoadwarrior]

The problem is, people go out all the time, get drunk together, have incredible, wild drunk sex, then go to sleep. She does not remember if she consented or not. State law only makes lack of consent a crime.

Please allow me to clarify.

If ANY PERSON, male or female is legally drunk? They can NOT consent to any sexual acts. But if said fe/male is on parole they may have to deal with the violation as a separate legal matter.

OP's friend is making a LOT of really poor decisions. They are hurting her and are VERY LIKELY HURTING her CHILD. She needs to stop and consider how her actions will and HAVE hurt others.

She also needs to consider if she is "okay" with some other future victim going through what she is now experiencing.
That is her choice. OP can't make it for her and neither can random persons on the net.

 

[Just Blue]

The problem is, people go out all the time, get drunk together, have incredible, wild drunk sex, then go to sleep. She does not remember if she consented or not. State law only makes lack of consent a crime.

Yup that happens. But does one of the wild drunk sex partners end up battered and bruised?

She woke up in a strange place, scared, her knuckles are bruised and lacerated. She complained to me about pain in her vagina and told me on a phone call that she was on her way to the urgent care. He evidently abandoned her somewhere that night and this was all very difficult for me to understand because it she was crying so hard over the phone.

Evidently she had a full blown rape kit and screening administered at the doctors office yesterday morning

The police and the DA will deal with this.

OP will back off from the legalities and the alleged vic will deal with the fallout from her decision to VOP. Hopefully the Legal system will deal with BOTH matters in a fair way. I would hate to think that a wo/man criminal record allowed another to violate them. I would also hate to think a wo/man "made up a crime" to cover a VOP. Although, based on what OP stated the alleged Vic didn't have to confess to her VOP.

 

[OHRoadwarrior]

Yup that happens. But does one of the wild drunk sex partners end up battered and bruised?

Honestly, anyone here if they remember my posting history knows I find rape appalling. In fact on another site, I sent a link to the Ohio Atty Gen'l because I thought an OP was related to a high profile case they have tried and are still investigating. I also broke up with a woman because I could not handle her rape fantasy, even in my twisted mind.

That said, I can think of two ways that could have happened. 1. Drunk and fell down or 2. wild kinky sex. I am not judging whether this woman was raped or not. I don't think we have enough info to make the call. All that said, I have left playmates so black/blue and welted, with consent, it took weeks for the bruising and marks to go away. I also have known others that enjoy receiving permanent scars and discoloration, as badges of their sexual preference. Please don't anyone get their feathers ruffled by this frank discussion.