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.
- Category: Criminal
- Date:
- State: National
Answer:
Determining whether there was sexual consent in this situation would depend on the interpretation of the court, considering all relevant facts and circumstances. A person can face criminal charges for filing a false report. In Virginia, rape is defined as sexual intercourse accomplished (i) against the complaining witness's will, by force, threat, or intimidation; or (ii) through the use of the complaining witness's mental incapacity or physical helplessness; or (iii) with a child under age 13 (Va. Code § 18.2-61). Sexual abuse is defined as an act intended to sexually molest, arouse, or gratify any person, which includes intentional touching of intimate parts or forcing someone to touch intimate parts (Va. Code § 18.2-67.10). In this case, the woman stated she was awake and did not object during the encounter, which may complicate claims of lack of consent.This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.