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Is it legally considered rape if both parties were intoxicated?

  • Posted on August 13, 2010 at 7:26 pm

I’m a college student, who more often than not does not go to parties or to bars with my buddies due to studies. However, last night — as we have a week long break in the semester — I decided I’d go to a party one of my friends was throwing. While there, I got completely hammered to the point where I remember bits and pieces.

I recall a girl striking up a conversation with me, which ended up with her (clearly) stating that she wanted to have sexual intercourse with me; I did not bring the issue up at all. Both of us certainly were drunk at the time. So, we ended up going into a secluded room and began kissing. Since the girl said she wanted to have sex, I started to oblige her request. After she stripped her clothes, however, she said that she didn’t feel like having sex anymore. I figured she was joking as she had only just asked for it minutes ago and suggestively removed her clothes. Therefore I ignored her and continued on. Soon afterward, she began to scream; I thought she was role-playing so I covered her mouth and proceeded with the act. Apparently, in the process, I ended up hitting her accidentally.

I cannot ascertain how either of us exited the room, but today, I awoke to a call from the girl’s mother. She verbally harassed me for well over twenty minutes and threatened to alert both the police and my attending university to her belief that I raped her daughter! I tried to explain to her what had happened but she just would not listen!

I did not know what I was doing at the time. Both of us had been heavily drinking and the girl was asking for it. Am I going to be in trouble here? I’ve worked incredibly hard to get where I’m at and am on the cusp of graduation. I can’t lose all of that! Just by the very accusation, I’m virtually guaranteed to lose community standing.

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