What to do regarding a potential rape allegation against me?

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What to do regarding a potential rape allegation against me?

About 2 years ago I had a sexual encounter with a woman who was a student at the college I worked for (lost my job because of it). I say “sexual encounter” because to the best of my knowledge there was no penetration (I was intoxicated and could not “perform”). This occurred at my home, where 2other people were also sleeping in very close proximity. Nothing was forced, everything was consensual, and she chose to sleep the rest of the night on my couch. While no charges have been filed, would she have a case against me if she decided to claim rape or sexual assault? Should I speak with a criminal law attorney? I’m in DuPage County, IL.

Asked on October 31, 2011 under Criminal Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you feel that charges may be filed against you, have been threatened to be filed against you, or have been filed against you, then consult with a criminal defense attorney immediately--and do not speak to anyone, especially the authorities (e.g. police, prosecutor) about the situation until you do.

Sexual assault comes in a variety of types, and there are forms of sexual assault which do not require penetration. Also, if the woman was intoxicated, it could be that the intoxication made it impossible for  her actually consent--consent can only be given by someone who is in possession of faculties. Therefore, the situation you describe is one that could result, potentially, in sexual assault charges, and if the evidence is unfavorable to you, or her testimony much more compelling than yous, could even possibly result in conviction. You therefore need to take this very seriously.


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