Will i get charged if a 15 year old took advantage of me when I was 18?
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Will i get charged if a 15 year old took advantage of me when I was 18?
A 15 year old boy took advantage of me when I was intoxicated; I was 18. It’s been 6 years and I now have a 5 year old son. I need to get this guy tested but I need to know if anything can or will happen to me for something that I couldn’t control?
Asked on May 20, 2019 under Criminal Law, Utah
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
If you were incapacitated due to intoxication (unable to knowingly consent to sexual activity), then you will not be charged. A crime requires a criminal intent or "mens rea", but if you were incapable of deciding to have sex or of resisting his advances, you had no such wrongful or criminal intent. The issue is the degree of intoxiation: being tipsy is not enough; you must have been unable to consent.
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