Rape of Intoxicated Woman

Rape of Intoxicated Woman

Rape of Intoxicated Woman is a serious crime which carries potential jail time. However there are elements that the state must prove of the purpose of a Rape of Intoxicated Woman charge to stick. some of these elements include.

 

1) the defendant had sexual intercourse with the woman

2) effect of the substance prevented the woman from resisting

3) The defendant should have known or reasonably known that the substance prevented the woman from resisting. Rape of Intoxicated Woman

4) The defendant was not married to the woman at the time.

The definition of sexual intercourse means any penetration, no matter how slight, of the vagina or genitalia by the penis.A person who is intoxicated cannot give legal consent because they are prevented from resisting due to state of mind. Legal consent can only occur if the woman can exercise reasonable judgment at the time. The woman must be able to understand the physical nature of the act, its moral character, and probable consequences.

 

Rape of Intoxicated Woman can have a defense called a Reasonable Belief Capable of Consent. It is important to know that the defendant is not guilty of this crime if he actually and reasonably believed that the woman was capable of consenting to sexual intercourse, even if it turns out that belief was wrong. The burden of proof lies with The People to prove the defendant beyond a reasonable doubt did not actually and reasonably believe that the woman was capable of consenting. If the People do not meet this burden, they must find the defendant not guilty of the crime of Rape of Intoxicated Woman. It is crucial to know the different elements that the People must prove in order to find the defendant guilty. To understand what constitutes this crime is to understand your rights. Please call today if you have any questions.

 

Hieu Vu

Hieu Vu demonstrates advanced knowledge of procedure and case law. His commitment to his clients is unparalleled. His tenacity and victories in trial are already earning him the respect of his peers outstanding and dedicated trial lawyer who really cares about his clients. Hieu is also very knowledgeable, passionate and an aggressive criminal defense attorney practicing in Orange County and Los Angeles County courts. He is extremely motivated for his clients and is an excellent advocate and excels in the courtroom. He can fight your charge quickly and affordably. You can contact him on his website , or call at 714-589-3063.

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