Sexual Abuse

[quesron]

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

If both the defendant and the victim have been drinking, should the charge for sexual abuse be in the 1st or 2nd degree?

 

[Proserpina]

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

If both the defendant and the victim have been drinking, should the charge for sexual abuse be in the 1st or 2nd degree?

Nobody can answer that without more details.

How old are the involved parties?

What exactly are the circumstances?

 

[quesron]

Both are 19 year old college students. Both drinking, however, female alleges male touch her while she sleep. She states she awoke to the male touching her without her consent.

 

[anearthw]

Alcohol use or intoxication does not affect what the charge could be re: sexual abuse/sexual assault. The defense would very likely use it to dispute whatever the defendant is charged with, but that alone does not change 1st or 2nd degree status.

 

[Karlq]

Both are 19 year old college students. Both drinking, however, female alleges male touch her while she sleep. She states she awoke to the male touching her without her consent.

SEXUAL ABUSE OF THE FIRST DEGREE (West Virginia)
A person is guilty of first-degree sexual abuse when:
1. Such person subjects another person to sexual contact without his/her consent, and the lack of consent results from forcible compulsion; or
2. Such person subjects another person to sexual contact who is *physically helpless; or
3. Such person, who is 14 years old or more, subjects another person to sexual contact who is 11 years old or less.

*Physically helpless: a person who is unconscious or for any reason is physically unable to communicate unwillingness to an act.

If there was penetration involved, it would be sexual ASSAULT of the second degree.