If a friend who is under the age of 18 was raped by a 19 year old male but she was heavily under the influence of alcohol at the time, will she get in trouble for underage drinking if she presses charges?

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If a friend who is under the age of 18 was raped by a 19 year old male but she was heavily under the influence of alcohol at the time, will she get in trouble for underage drinking if she presses charges?

Asked on September 9, 2015 under Criminal Law, Virginia

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, she will not get in trouble... usually in these cases, it's about getting the victim assistance in dealing with the trauma of rape.  She shouldn't have gotten intoxicated, but that doesn't mean she deserved to be the victim of a sexual assault.  She needs to press the charges for her own closure and .... for the next time.  If the 19 year old male took advantage of her, he will continue to rape other women until he learns that it is wrong and there are consequences. 


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