Can I have liability for having sexual relations with some one?

Question Details:

A girl had been drinking but is aware of what she is doing. She directs you to where to get the condom, etc (which is hidden under her bathroom sink). She then asks you to have sex with and you do. The next day, however, she claims that she did not remember anything and feels that she has been violated. Can you be at fault for that?

Asked 11/3/2009 under Personal Injury | 145 View(s) | More Legal Topics

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Personal Injury Law Answers

I am a lawyer in CT and practice in this area of the law.  The rule of thumb is never to have sex with a girl that you know is drunk or have reason to believe is drunk and you are not in a relationship with her as the inference from the state's perspective is that you took advantage of her.  In this case, it sounds like she knew what she was doing as she was aware where the condom and the lube was and there are likely no signed of forced penetration (i.e. rape).  Therefore, i do not think that you have real exposure here, however, i strongly suggest that you obtain a lawyer if in fact charges of any kind are pressed.  I also suggest that you do not speak to the police without a laywer present.

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