Legal Question in Personal Injury in Pennsylvania

possible rape case?

my friend is 18, she has been drinking some before we ended up at a house we didn't know that someone invited us to. we went and she drank a bit more before being separated from us, when we were reunited she was sobbing uncontrollably and kept repeating 2 phrases ''i kept saying 'no''' and ''we need to leave, i want to get as far away as possible'' when she was calm enough to talk, she said that she had been kissing a guy and he had put a condom on and had sex with her but she said no, but he continued. she was very drunk by this time and i'm afraid that if we press charges on the guy that her underage drunkeness will be a problem. i am not a native of pennsylvania, but i know that in virginia, my home that is the female is drunk, then the sex is rape if reported. i don't know the details though, the friend is too drunk to remember. is there enough evidence and such to make a case?


Asked on 7/06/08, 4:22 am

2 Answers from Attorneys
Patrick Narcisi Narcisi Law Offices, P.C.

Re: possible rape case?

Underage drinking is not a defense to rape. Your friend is 18 and she must make the decision.

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Answered on 7/06/08, 8:19 am
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: possible rape case?

If she was drinking, but not so drunk as she wasn't severely impaired, then the drinking is not a major issue. The major issue is the lack of consent (kept saying 'no') and whether the rape was forcible, as that is defined in the law.

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Answered on 7/07/08, 3:35 pm


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