Could I be charged with rape?

04/28/2009 - Criminal - State: ALL #16349

Full Question:

A 20 year male was spending the night with his on again off again girlfriend. They were sleeping in the same bed both in t-shirt and underwear. They have had sex in the past. She started rubbing up against him. He began touching her. She appeared to be in and out of sleep. She woke up and said let me get on top. She did and they began having sex. At this point she said oh by the way I was awake the whole time. How could you do this to me get out. He left. Every since then she has been texting him repeatedly and threatening to turn him in to the police and press charges. She admits being awake the whole time, never told him to stop, climbed on top and (excuse me for being blunt) put him inside herself then told him to get out. Is there any illegal about what happened? She has accused some one of sexual molesting her in the past.

Answer:

It would be a matter of interpretation for the court to determine whether there was sexual consent, based on all the facts and circumstances involved. A person may be subject to criminal charges for filing a false report.

The state of Virginia defines rape as follows:

"If any person has sexual intercourse with a complaining witness, whether or not his or her spouse, or causes a complaining witness, whether or not his or her spouse, to engage in sexual intercourse with any other person and such act is accomplished

(i) against the complaining witness's will, by force, threat or intimidation of or against the complaining witness or another person; or
(ii) through the use of the complaining witness's mental incapacity or physical helplessness; or
(iii) with a child under age 13 as the victim, he or she shall be guilty of rape."

Sexual abuse is defined as follows:

" "Sexual abuse" means an act committed with the intent to sexually molest, arouse, or gratify any person, where:

a. The accused intentionally touches the complaining witness's intimate parts or material directly covering such intimate parts;
b. The accused forces the complaining witness to touch the accused's, the witness's own, or another person's intimate parts or material directly covering such intimate parts;
c. If the complaining witness is under the age of 13, the accused causes or assists the complaining witness to touch the accused's, the witness's own, or another person's intimate parts or material directly covering such intimate parts; or
d. The accused forces another person to touch the complaining witness's intimate parts or material directly covering such intimate parts."

Please see the information at the following links:

http://definitions.uslegal.com/m/molestation/
http://definitions.uslegal.com/s/sexual-contact/
http://definitions.uslegal.com/u/unlawful-sexual-contact/
http://definitions.uslegal.com/f/false-report/
http://definitions.uslegal.com/t/telephone-threats-and-abuse/

04/28/2009 - Category: Criminal - State: ALL #16349

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