Can I still press charges for rape

UPDATED: Oct 1, 2022

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Can I still press charges for rape

I was an 18 year old male having some friends
at my house. We were under the influence of
alcohol and marijuana. I called a friends mother
who was one of the cool parents to buy us
some more alcohol. I was already very
intoxicated. She bought some for us and came
over. She was 35 at the time. We had sex and I
dont remember the details of it due to my

Asked on March 8, 2019 under Criminal Law, Maryland


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Possibly. It depends on *how* intoxicated you were and whether you can prove that level of intoxication.
Because you were 18--an adult--this was not "statutory rape" despite the age difference. That means that you could presumably consent to sex. To make the sex some form of rape or sex abuse, you would have to show that you were not merely drunk, but were so intoxicated that you could not consent: you did not know or could not control what you were doing, and so could not give meaningful consent. That is one small step removed from being so drunk you are passed out and unconscious. It may be difficult to show that level of intoxication.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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