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  #1  
Old 08-31-2009, 05:36 PM
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Is this considered neglect?

This is for Mississippi. My question is: If an 18 year old girl gets drunk at a party and ends up having sex with a 22 year old male in a lofted bed and falls out and hits her head and fractures her arm and he leaves her without taking her to the hospital, is this neglect?

The girl in question has no recollection of what happened. This is what the guy told his friend. She's being drug tested to see if she was slipped something or if she just can't remember because she hit her head. Thanks in advance!
  #2  
Old 08-31-2009, 05:52 PM
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Originally Posted by TheDistance View Post
This is for Mississippi. My question is: If an 18 year old girl gets drunk at a party and ends up having sex with a 22 year old male in a lofted bed and falls out and hits her head and fractures her arm and he leaves her without taking her to the hospital, is this neglect?

The girl in question has no recollection of what happened. This is what the guy told his friend. She's being drug tested to see if she was slipped something or if she just can't remember because she hit her head. Thanks in advance!
One would think that if she cannot recollect what happened there isn't a whole heckuva lot of proof that man was even involved at all.
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  #3  
Old 08-31-2009, 05:52 PM
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Probably not unless he tried to help her in some way.
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  #4  
Old 08-31-2009, 05:55 PM
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It is a sad state of affairs when a guy can take advantage of a drunk girl, know that she is injured and then leaves her.

I'm sure there is something the authorities can find to give this scum his just desserts. We shall see what some of the other members with more experience in this arena say.
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Old 08-31-2009, 06:02 PM
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We shall see what some of the other members with more experience in this arena say.
hopefully there isn't anybody here with more experience with a drunk 18 year old girl.
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  #6  
Old 08-31-2009, 06:11 PM
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That's one of the problems. She doesn't know what happened and it's looking like there weren't any witnesses. She heard this story from the guy who lives in the room next to him who heard it from the guy. We're still trying to piece together the details. The nurse at the health center that she's at now is trying to convince her to press charges but she really doesn't want to have to deal with it. I would like to find a way to get him to pay for her $1,000 hospital bill from last night. (this all happened saturday night) She woke up on sunday having no recollection of what happened with a lot of bruises and her shorts on backwards with her panties missing. I really hope there is more to the story and it turns out that he didn't act as maliciously as it seems. It's a sad commentary on our society. I'm just a friend who goes to school in a different state trying to help somehow since she doesn't have many close friends where she is. Thanks for your input everyone.
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Old 08-31-2009, 06:31 PM
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That's one of the problems. She doesn't know what happened and it's looking like there weren't any witnesses. She heard this story from the guy who lives in the room next to him who heard it from the guy. We're still trying to piece together the details. The nurse at the health center that she's at now is trying to convince her to press charges but she really doesn't want to have to deal with it. I would like to find a way to get him to pay for her $1,000 hospital bill from last night. (this all happened saturday night) She woke up on sunday having no recollection of what happened with a lot of bruises and her shorts on backwards with her panties missing. I really hope there is more to the story and it turns out that he didn't act as maliciously as it seems. It's a sad commentary on our society. I'm just a friend who goes to school in a different state trying to help somehow since she doesn't have many close friends where she is. Thanks for your input everyone.
Did they do a rape kit at the hospital?
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  #8  
Old 08-31-2009, 06:33 PM
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I'm not sure exactly. I know she was given a std preventative prescription drug of some sort so perhaps they did.
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Old 08-31-2009, 06:35 PM
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Originally Posted by justalayman View Post
hopefully there isn't anybody here with more experience with a drunk 18 year old girl.
Boy was that ever a case of "I didn't mean it that way"
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  #10  
Old 08-31-2009, 06:41 PM
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Originally Posted by TheDistance View Post
I'm not sure exactly. I know she was given a std preventative prescription drug of some sort so perhaps they did.
This might be very important - can you either find out for sure, or get her to come and register herself?

Were the police involved at all?
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  #11  
Old 08-31-2009, 07:23 PM
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Obviously, if the girl is so drunk of her own will that she cannot consent (very, very, very drunk) or drunk/drugged by another without her knowledge, there is very possibly a crime. Also, if the guy hit her on her head or broke her arm or did anything to put her into danger, he would have some responsibility for the rescue.

If the boy had a contractual duty, then the lack of action could be a tort. Many other facts too.

Which ones shall we make up before answering?

Is the guy a jerk beyond words? Of course. Is he a criminal? Possibly, if we have a number of facts not in evidence. Even her inability to recall is a problem as it could be related to the hit on her head. Everything else would require a lot more. Is he a tortfeasor? Not unless he is a criminal and/or he took some action to cause the damage or took some incompetent action to rescue her.
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  #12  
Old 08-31-2009, 07:25 PM
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how about the person or entity that supplied the booze, T? She is under age.
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  #13  
Old 08-31-2009, 07:26 PM
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If the girl doesn't want to press charges, then there's not much anyone can do to make her. And unfortunately, many "date rape drugs" will be out of your system before you can get to the hospital. Doesn't she have health insurance? To get him to pay the bill will probably require a court action, unless of course he just volunteers to pay (yeah right).
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  #14  
Old 08-31-2009, 07:43 PM
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I don't know the law in Mississippi, but it is entirely possible the person who furnished her alcohol would have committed a crime.

Notwithstanding the making up fact scenario, is that enough to proximately relate a falling out of bed injuries to the furnishing?

Even if Mississippi had some form of Dram Shop law, would this apply?
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  #15  
Old 08-31-2009, 07:45 PM
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I'll find out about the rape kit thing. Thanks everyone. the information is much appreciated.
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