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Long Story.. need help

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lilmousemanda

Junior Member
What is the name of your state? Wisconsin


well, my friend got in a lot of trouble over the summer. He was at a party, and him and another girl, both were drunk, went to go have some fun of their own. After a little while, he no longer wanted to mess around with her, and so she told the cops he raped her. She claims she was passed out and he did this.

my questions:

1. they did find his semen in her, but can you tell the difference between intercourse and sex?

2. does he stand a chance in this case?

3. If they were both intoxicated, and "didn't remember" what happend, what would the courts do about this?


please help me!
 


stephenk

Senior Member
"but can you tell the difference between intercourse and sex?

There isn't a difference.

If he can't remember how his semen got in her, he has no defense to the rape charge since he can't say she gave consent.
 

lilmousemanda

Junior Member
he knows

he knows how it got in her. because after i asked him about it all he was able to confirm and fill in detail. it's her saying she doesn't remember. i was just asking what would happen if in court they both said they didn't remember.

haha oops. i didn't mean between intercourse and sex. i ment.. intercourse and rape haha.
 

HomeGuru

Senior Member
lilmousemanda said:
he knows how it got in her. because after i asked him about it all he was able to confirm and fill in detail. it's her saying she doesn't remember. i was just asking what would happen if in court they both said they didn't remember.

haha oops. i didn't mean between intercourse and sex. i ment.. intercourse and rape haha.

**A: oh brother...
 

justalayman

Senior Member
how about consensual sex (or consensual intercourse if you prefer) vs. rape

in this context the rape in question is intercourse/sex
 

lilmousemanda

Junior Member
what i'm saying is... if they did a "rape test" on her, are you able to tell the difference between rape/forced entry.. and just regular sex. i thought you could.
 

AHA

Senior Member
lilmousemanda said:
what i'm saying is... if they did a "rape test" on her, are you able to tell the difference between rape/forced entry.. and just regular sex. i thought you could.
Maybe if she was a virgin before the attack.
 

seniorjudge

Senior Member
lilmousemanda said:
What is the name of your state? Wisconsin


well, my friend got in a lot of trouble over the summer. He was at a party, and him and another girl, both were drunk, went to go have some fun of their own. After a little while, he no longer wanted to mess around with her, and so she told the cops he raped her. She claims she was passed out and he did this.

my questions:

1. they did find his semen in her, but can you tell the difference between intercourse and sex?

2. does he stand a chance in this case?

3. If they were both intoxicated, and "didn't remember" what happend, what would the courts do about this?


please help me!

If you're telling the truth and your girlfriend really doesn't remember anything, then how did the question of rape come up?
 

lilmousemanda

Junior Member
seniorjudge said:
If you're telling the truth and your girlfriend really doesn't remember anything, then how did the question of rape come up?

no she knows. she was mad at him or something. they got in a fight or somethign n she said she was just going to say he raped her.

i just wanted to know IF they didn't remember.. how would that work in court.
 

seniorjudge

Senior Member
lilmousemanda said:
no she knows. she was mad at him or something. they got in a fight or somethign n she said she was just going to say he raped her.

i just wanted to know IF they didn't remember.. how would that work in court.
I don't really know how to answer hypothetical questions....
 

Kane

Member
lilmousemanda said:
what i'm saying is... if they did a "rape test" on her, are you able to tell the difference between rape/forced entry.. and just regular sex. i thought you could.
No, you can't.

In one of your other posts you said there was a witness. That person's recollection will most likely be critical.
 

lilmousemanda

Junior Member
the other person who was there.. also had sex with the girl... but said he didn't.. and said the other guy did do it. that sucks.

the whole story is messed up... she claims she was unconscious.. but knows he did it... the other kid claims he saw it happen.. and she knows he saw it happen? yeahhh
 

CdwJava

Senior Member
lilmousemanda said:
what i'm saying is... if they did a "rape test" on her, are you able to tell the difference between rape/forced entry.. and just regular sex. i thought you could.
Experts can testify to whether the intercourse was forced or not (provided there is sufficient trauma or injury in the affected area), but it is not definitive of rape as similar trauma can be consistent with "rough" sex.

If neither can recall events very well, then it will be tough to prove rape. As Kane said, the statement of the witness will be crucial.

- Carl
 

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