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Is this rape

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

This may be long, but I want to know how others feel about this.

There was a 20yr old women who was in a bad car accident and had brain surgery. She was in a coma for over 2 weeks and after she recovered a little (walk, talk, and eat) she was able to leave the hospital with her family. She suffered migraines, and got confused and frustrated easily and her judgment was in paired. She was also on meds for seizures, the headaches, and ulcers. Her family took over caring for her until she was capable of doing it for herself.

About 6 months after the accident, though shes getting better she still isnt recovered yet. Her hair is growing, but the scar still sticks out. One day an ex shows up and acts very concerned for her. He says how much he likes her, how he dumped his ex so he can be with her. Things to make her feel special, and she soaked it up because no one other then family was saying anything nice to her.

He asks her to go out with him so they can spend time together, she asks her family and they say okay, after they talk with him. They explain in detail the accident, what she went through and was still going through. They tried to leave nothing out, so he was fully informed as to what to expect. They tell him no drinking and NO sex. If she got pregnant she or the baby could die. If she drank she could have a seizure. He promised they were just going out as friends and had no intention of either.

He took her to a club because he was to "poor" to take her to a resturant, to the movies or out for ice cream. Then he kept buying drinks (with just alittle alcohol) and telling her to drink them. After a few drinks he tells her hes to drunk to take her home, he "doesnt want to get in a bad accident with her". She asks if theres a hotel she could stay at and he said he only wanted to drive as far as his house. She agreed, but to separate sleeping quarters. Things got fuzzy and she woke later in his bed VERY sick. She kept waking up thinking she was going to die and praying to God to take care of her family. Early the next morning her sister calls and tells them to get her home. Her mom wanted to call the police but she begs her not to.

He keeps coming around, even though her family is very mad at him. A few weeks later she finds out shes pregnant. He starts asking her to move in with him and marry him so he doesnt get deported. She ends up agreeing to stay with him on weekends while hes there, but goes back to her family home during the week so shes not alone. Then he starts complaining shes gone to much. he tells her what to eat, how he wants her hair done, that she has to go exercise by her self. He doesnt take her to Dr appointments, she has to find her own way. He complains about the hospital she goes to for prenatal care, and makes her change to a different one. He "doesnt want his family and friends knowing he can't afford prenatal care", even though the one she was going to was the best in high risk pregnancies. He keeps pressuring her to marry him so he can get his citizenship and the baby will be born with its father around.

Anyway alot went on. She ends up leaving him because he got to demanding and controlling and started scaring her. She tries to get a restraining order because he calls her up all the time, comes to her house when ever he wants, emails her mean things and tries arguing with her saying lies. Nothing is done. The police officer told her its pointless to get a restraining order, and it would be hard to get one.

What are your beliefs about what happened? What should have happened?

Thanks so much!
 


CdwJava

Senior Member
She exercised some poor judgment by going out with him and drinking. This continued when she did not call for someone to pick her up when he started offering a hotel room idea.

She should have reported the "rape" immediately when she found out. Maybe a case could have been made at that time. Now, it will be next to impossible to prove any crime happened unless he confesses.

It is too late to ask what she should have done, but, instead, it is time to ask what she intends to do next?
 
She exercised some poor judgment by going out with him and drinking. This continued when she did not call for someone to pick her up when he started offering a hotel room idea.

She should have reported the "rape" immediately when she found out. Maybe a case could have been made at that time. Now, it will be next to impossible to prove any crime happened unless he confesses.

It is too late to ask what she should have done, but, instead, it is time to ask what she intends to do next?
Your right, the only excuse she had was due to the accident: not being able of mind and strong enough to stick up for her self. He should have listened to her family when they told him her disabilities and such and not took her out.
And I know they all should have been smart enough to tell him no.

I know alot of people would blame the female for her part of this, But I feel the male should be equally or more to blame.
She wasn't her self due to the accident, wasnt able to make good decisions, which was why her familiy was there and explained things to him themselves.

It is way to late to do anything now. now she just has to live with it and do the best for her child she can.

thanks you all!
 
She exercised some poor judgment by going out with him and drinking. This continued when she did not call for someone to pick her up when he started offering a hotel room idea."

He didn't offer a hotel room. She asked for one when she found out he wasnt going to take her home. He told her he didnt want to drive farther then his house.
Then she told him they'd have to sleep in different rooms and he told her "they'd think of something when the time came"
I agree she should have called someone to pick her up tho
 

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