can a person that is over the age go to prison if a minor rapes him while he is drunk and unconcious?

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can a person that is over the age go to prison if a minor rapes him while he is drunk and unconcious?

a friend i know is under the age and she raped guy that is over the age adn got pregnant he was drunk and unconcious

Asked on May 15, 2009 under Criminal Law, California

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Obviously not, if the "rape victim" is believed when he tells this story.  If anything like this really happened, he neither had criminal intent nor actively participated in the event would be a defense.


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