if a girl pulls you to have while she was drunk can she say she was raped or taken advantage of?

Question

i had sex with this girl last week at a party. (both being intoxicated) she pulled down my pants and started on me, then went to the side of the house. (unknowing to me) she had a tampon in, and the next night. she went to the hospital and got a huge bill. the hospital told her since she was drunk to file charges sayin rape or date rape. and the bill would go away. i need legal advice.

Answer 1

Rape law is a complicated thing and should not be trusted to Yahoo answers. That being said their is a chance of being charged with rape get a lawyer now

Answer 2

did she tell you this story? If the doctors at the hospital thought she was raped, they would have done a rape kit. She would have probably mentioned this to you. Without a rape kit and without her blood alcohol level being checked, there is no real evidence of a crime. If she did file charges a good investigator would be able to determine she was lying. Also, if she does file charges, and she is lying, she could be held guilty for falsifying a report. How old are you guys? As long as your over 18 (which you should be considering you were drinking...duh) then it is a very hard case to prove.

Answer 3

Could you please tell the rest of the story? I work in a hospital and we do not advise people to file charges of rape if a rape did not happen. That is not how things work. If we in fact believe there was a rape we call the police and have and officer come to the hosptial so the victim can make a statement. My advice to you is to call legal aid and explain the situation.

Answer 4

I find this difficult, if not impossible, to believe. Hospital bills do not go away. I wouldn't worry about a thing, unless they actually come looking for you. Don't waste your money on a lawyer until then.

If she tries to claim rape for financial reasons, such as the hospital bill, her story will be quickly discredited.

She will also have a difficult time claiming intoxication, as she waited until the next night to go to the hospital. Any evidence of intoxication would be gone.

Answer 5

she probably went to the ER for Plan B . i'd imagine the other thing , she forgot to remove. just like she forgot to get BC before she needed it ? ask a real atty for some answers to set your mind to ease. i would know the name of an atty / just in case. innocent people do sometimes get charged for things they shouldn't and you would not be the first innocent man who has ever went to prison. there are plenty of statistics to show that DNA saved a lot of prisoners from spending the rest of their life in the prisons. turns out there were many, many cases where police people tortuned the suspects into making confessions. 20 years later , these folks got pardons and really cheap settlements for destroying their life and family. too much corruption that has gone unchecked too long.

Answer 6

One very important legal concept with regards to your situation is this: anyone who is intoxicated cannot legally give their consent for sex. This is treated just like a rape. You may not escape punishment for this.

Answer 7

Get a lawyer. If the police want to interview you, make sure you do it with your attorney! Rape is very hard to prove when its a drunken-consentual situation like that.

Answer 8

Well, she can SAY whatever she wants. I think any decent Investigator -- upon finding these circumstances to be true -- would pass on sending one like this to the Grand Jury though.

Answer 9

if she does, file rape charges back. remember, you too were intoxicated. she took advantage of you.

Answer 10

Semen alone does not show evidence of rape.