Can a person be convicted for abetting a rape?

Q: What to do if your friend dates your ex?

If your friend dates your ex, communicate openly about your feelings. It's important to express any discomfort you may have and set boundaries if needed. Respect their choice, but prioritize your emotional well-being by deciding how much interaction you want with both of them.

Q: Is it a red flag if a girl is still friends with her ex?

Not necessarily. Many people maintain friendships with their exes, which can be healthy if both individuals respect their current relationships. However, if the friendship causes jealousy or insecurity, it may be worth discussing with your partner to ensure both feel comfortable.

Q: Is it weird to still be friends with your ex?

It's not weird to be friends with an ex, as long as both parties are comfortable with the arrangement. Friendships can remain strong after a breakup if there is mutual respect and clear boundaries. However, it’s essential to be mindful of any lingering feelings that could complicate the friendship.

Full question:

My friend and I live in California. Last week, my friend told me that he wants to take revenge from his ex-girlfriend. So, he asked his friend to intoxicate her, force himself on her, hurt her and have sex with her. Because I do not want her to suffer, I would like to file a complaint against him for abatement of rape. What will be the punishment given to him?

Category: Criminal
Date: 04/07/2025
State: California

Answer:

According to the Penal Code of California, rape is defined as nonconsensual sexual intercourse that is accomplished by means of force, threats, fraud or with a victim who is incapable of consenting or unconscious. Therefore, California law criminalizes sexual intercourse that happens without the consent of at least one party.

Per California Penal Code §261:

“(a) Rape is an act of sexual intercourse accomplished with a person not the spouse of the perpetrator, under any of the following circumstances:
(1) ***
(2) Where it is accomplished against a person's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another.
(3) Where a person is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known by the accused.
***”

Per California Penal Code § 264.1:

“(a) The provisions of Section 264 notwithstanding, in any case in which the defendant, voluntarily acting in concert with another person, by force or violence and against the will of the victim, committed an act described in Section 261, 262, or 289, either personally or by aiding and abetting the other person, that fact shall be charged in the indictment or information and if found to be true by the jury, upon a jury trial, or if found to be true by the court, upon a court trial, or if admitted by the defendant, the defendant shall suffer confinement in the state prison for five, seven, or nine years.
***”

Therefore, you may file a complaint against your friend for personally abetting to rape his ex- girlfriend. If this fact is found to be true by the court or by the jury or upon trial or if it is admitted by your friend, he shall be confined in the state prison for five, seven or nine years.

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.

FAQs

Can a guy still be friends with his ex?

Yes, a guy can still be friends with his ex. However, it is important to consider the feelings of both parties and any potential emotional complications. Maintaining a friendship after a breakup can work if both individuals are comfortable and respectful of each other's boundaries.