Question
I was with a friend the other night and she had been drinking (I had to drive home so I wasn't). She got drunk, and I was sober. She started getting friendly and told me she wanted me. I said no. We're both 18, so we're legal but can't drink. My question is, if I said yes, could I be charged with rape, even though she was initiating everything?
Answer
The Arizona regulations governing Sexual Assault may provide you with further insight about the laws relating to this situation. A.R.S. § 13-1406
states that “A person commits sexual assault by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person without consent of such person”.
states that “A person commits sexual assault by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person without consent of such person”.The definition surrounding the term “without consent” can be found in A.R.S. § 13-1401. Here it states that “without consent” may include the victim being “incapable of consent by reason of mental disorder, mental defect, drugs, alcohol, sleep or any other similar impairment of cognition and such condition is known or should have reasonably been known to the defendant. For purposes of this subdivision, "mental defect" means the victim is unable to comprehend the distinctively sexual nature of the conduct or is incapable of understanding or exercising the right to refuse to engage in the conduct with another”.
. Here it states that “without consent” may include the victim being “incapable of consent by reason of mental disorder, mental defect, drugs, alcohol, sleep or any other similar impairment of cognition and such condition is known or should have reasonably been known to the defendant. For purposes of this subdivision, "mental defect" means the victim is unable to comprehend the distinctively sexual nature of the conduct or is incapable of understanding or exercising the right to refuse to engage in the conduct with another”.- Added:
- Friday, 23 July 2010
- Revised:
- Friday, 23 July 2010
