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
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.