Legal Question in Criminal Law in Ohio
Date rape help
my wife was at a new yrs eve party at friends house had gotten drunk and high on marijuana and vicodin's and was later engaged in sex with a friend who was sober now i know she would of NEVER consented if she was sober. the problem is she does not want to press charges cause she is embaressed and thinks it is her fault and there is nothing that can be done legally i need to know if i can report the crime and if there is any legal paths to pursue the incident happened 31 dec 2005
it is now 9 jan 06 is there any legal actions that can be taken or will a trial be futile due to no rape kit been administered
1 Answer from Attorneys
Re: Date rape help
The victim must be willing to testify against the accused. You cannot file the charge yourself. Also, it is not rape unless she was forced or drugged into have sex. She may have decided differently if she were sober, but that is not it. Did she decide to have sex? Sounds like she did. This is not rape as you have described.
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