QUESTION
I am being investigated for rape, what are the chances I will be charged and what should I do from here?
Asked on Mar 03rd, 2015 on Criminal Law - Colorado
More details to this question:
A friend I have known for over a year and I were at a convention with her girlfriend. She had told me previously that she wanted to get high because her girlfriend was clingy and didn't like her doing things without her. She and I went to the bar and had about six-eight rounds of drinks (she bought the majority of them), we then agreed to go to my hotel room and get marijuana. After we both smoked after being fairly tipsy, we both laid down and started snuggling each other, things escalated from there and she took off her pants and guided my hand to her genitals. She started begging me to put it inside her and I complied as she guided my penis inside her, and we had intercourse. She then looked uncomfortable and I got off top of her and asked if she was okay. Short of it is I had to call 911 for her because she overdosed on her meds and alcohol and later accused me of rape. I told the police it was consensual and they told me their would be an investigation. She later told a friend that she told me to stop and I didn't, this never happened. I am a law enforcement officer of three years and have no criminal record and am very worried about being charged for something I did not do.
1 ANSWER
3 Awards
Sorry to hear of your troubles. I would be happy to discuss representation. There will be an investigation and you probably will be charged and forced to defend yourself. I would hire an attorney immediately. In Colorado, this is a life-time supervision case with a lengthy prison sentence. Treat it like cancer - get help. There are 2 ways you can be prosecuted for rape based on your facts - lack of consent and too intoxicated to consent. If you challenge her memory of consent, you may create the evidence to show she was too intoxicated to consent. But, that does not mean you lose. The more you speak to investigators, the more the case becomes about you and your statements. A simple, attorney aided, statement about consent is best. Make her prove otherwise. Beware of the Pre-Text Phone call - this is her calling you asking questions. It is directed by the police and recorded.
Answered on Mar 04th, 2015 at 9:55 AM