QUESTION

What can we legally do if my daughter's friend believes she raped her while she was intoxicated?

Asked on Aug 10th, 2015 on Criminal Law - Pennsylvania
More details to this question:
Side 1: She tells me that she feels as though my daughter took advantage of her and performed oral sex on her while she was "passed out drunk." She has equated this to rape. She acknowledges that both had been drinking. Side 2: My daughter, admits that the both of them had been drinking. She also has admitted the sexual activity. She is aware that she, when sober, is not bisexual. She stated that she was so drunk, she was throwing up etc. My daughter told me she feels awful and wasn't thinking clearly. Additional info: Both girls were 16 at the time. Both admit to drinking. There was a third party, who witnessed it and has told her that she didn't see it as rape. The person is her friend primarily, my daughter’s acquaintance. If it comes to being reported, could my daughter be charged with rape?
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1 ANSWER

Criminal Law Attorney serving Munhall, PA
Partner at Pelger Law
3 Awards
I have had many of these teenage sexual experimentation cases. 20 years ago, no big deal, it was part of life. Today, once adults get involved, with all the conflicting "morals" of society pounded into their pea brains, charges could be filed. My advice. Do not let your daughter have any contact whatsoever with this girl, no texts, no emails, nothing. You should not talk to her parents without having a lawyer advise you or through the lawyer. The worst thing that can happen is your daughter to confirm what happened via text or email , and make matters worse. Preserve evidence, the statement from the witness, any subsequent texts or emails between the girls. Again, see a lawyer.
Answered on Aug 18th, 2015 at 12:13 AM

William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900

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