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Old 12-18-2009, 12:19 PM
 
593 posts, read 1,661,273 times
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Let's just say a guy is sleeping in his bed and a female friend just happens to be over. The girl doesn't happen to be his girlfriend and they're not having any relations. He wakes up to her doing him unprotected. Scared as can be, he pushes her off of him and that's as far as I know from what he told me. Can he press charges against her?
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Old 12-18-2009, 12:24 PM
 
Location: Coachella Valley, California
15,639 posts, read 41,045,108 times
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Yes.
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Old 12-18-2009, 12:35 PM
 
Location: 39 20' 59"N / 75 30' 53"W
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According to wikipedia 9% of rape victims are male, he could prosecute.
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Old 12-18-2009, 12:41 PM
 
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I just have one question about it though. Did he invite her to sleep in the same bed or did she just appear on him unannounced?
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Old 12-18-2009, 12:44 PM
 
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It would be a case of he said / she said.

Did he do a rape kit at the hospital?

The fact that he has females staying over and then sayswithout proof she did this is not going to work much in his favor. Was he doing anything to lead her on? Does he talk in his sleep? There have been plenty of times where I have a few sentences with a freshly woken s.o. and he does not remember it when he fully wakes up.

But its called sex without consent. I think he should make sure he was not talking in his sleep etc before he labels someone a rapist. Not saying it does not or did not happen. But just make sure as they are going to be labeled as a sex offender for life.
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Old 12-18-2009, 12:49 PM
 
Location: La Jolla, CA
7,284 posts, read 16,689,196 times
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Yes, if the sex was unwanted. At least he could try.

The challenge would be getting someone to believe that he was sleeping naked while she "happened" to be at his house, or that she was able to disrobe him sufficiently, climb on top of him, and arouse him enough to be able to "do" him, without waking him.

Not that you asked, but the unlikely chain of events (a friend who "happened" to be in the house, a guy who "happened" to be sleeping naked in his bed, and thereafter failing to wake up) aren't believable.
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Old 12-18-2009, 12:51 PM
 
Location: Coachella Valley, California
15,639 posts, read 41,045,108 times
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Quote:
Originally Posted by 43north87west View Post
Yes, if the sex was unwanted. At least he could try.

The challenge would be getting someone to believe that he was sleeping naked while she "happened" to be at his house, or that she was able to disrobe him sufficiently, climb on top of him, and arouse him enough to be able to "do" him, without waking him.

Not that you asked, but the unlikely chain of events (a friend who "happened" to be in the house, a guy who "happened" to be sleeping naked in his bed, and thereafter failing to wake up) aren't believable.
The issue of lack of consent is what the Court will consider.
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Old 12-18-2009, 12:53 PM
 
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Well I know a girl that got her butt beat and she did nothing about it till later. Marks were gone. She tried to press charges and it did not go anywhere. They went to court and she lost. I could see the same thing happening here.

No proof, too bad.
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Old 12-18-2009, 12:55 PM
 
Location: DFW
40,951 posts, read 49,206,955 times
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Quote:
Originally Posted by virgode View Post
According to wikipedia 9% of rape victims are male, he could prosecute.
I would think that is male on male or female with an underage minor.

I have trouble believing some guy wakes up with a female "Doing Him". She would have had me up & at attention a lot sooner then when we were in the middle of sex.

I believe it would be a hard case to prove.

She slipped him a Viagra and a Rufie ? Sounds like a story he would tell his SO after he got caught.
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Old 12-18-2009, 12:55 PM
 
26,142 posts, read 31,192,758 times
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Quote:
Originally Posted by virgode View Post
According to wikipedia 9% of rape victims are male, he could prosecute.
But, isn't the highest amount of that percentage a result of man on man?
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