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In reply to the discussion: Online outrage over Ohio rape case prompts city website [View all]happyslug
(14,779 posts)The victim does NOT have to defend what she did, but the Defendants can claim it was NOT sex for SHE AGREED TO THE SEX. My comment that she can NOT say any agreement on her part to have sex was due to the Alcohol UNLESS she can show she was drunk against her will (i.e. a date rape drug). In the preliminary hearing in October the only substance mentioned was alcohol, and that she drank it voluntarily. It was also testified to that she entered the car on her own free will, thus the Kidnapping charge was dropped by the judge.
The only remaining issue of fact is did she agree to have sex or not. If she was intoxicated due to a date rape drug, then any sex was against her will and thus rape. On the other hand if she voluntarily was drunk and while drunk agreed to have sex, that is NOT rape.
Aside: If she was drunk, and did NOT agree to have sex and the Defendants had sex with her anyway, that is still rape. The issue is one of what was her actions. If she agreed, while drunk, it is not rape unless she was involuntary intoxicated. That appears to be the only question left in this case, and a factual finding up to a judge to determine given this is still in Juvenile Court.