Legal Question in Criminal Law in Virginia

Is this legally sexual misconduct

My 20 year old son was spending the night with his on again off again girlfriend. They were sleeping in the same bed both in tee shirt and underwear. They have had sex in the past. She started rubbing up against him. He began touching her. She appeared to be in and out of sleep. She woke up and said let me get on top. She did and they began having sex. At this point she said oh by the way I was awake the hold time how could you do this to me get out. He got out. Every since then she has been texting repeatedly him and threatening to turn him in to the police and press charges. She admits being awake the whole time, never told him to stop, climbed on top and) excuse me for being blunt) put him inside herself then told him to get out. Is there any illegal about what happened? She has accused some one of sexual molesting her in the past.


Asked on 2/27/08, 10:04 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Is this legally sexual misconduct

Is there anything "illegal" you ask about the unsavory incident which you've described(probably in greater detail that what is necessary for this family forum).

Who could reliably make such a determination based upon these facts which would seem to amount to the proverbial she said vs. his counterclaims?

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Answered on 2/27/08, 10:14 am


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