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Defenses to Rape of an Unconscious Person

  • Published: August 2, 2020

This is a common crime nowadays that people are being either raped because they get too intoxicated and someone takes advantage of them or, what I’ve see a lot of times is, alleged victims are claiming that a person rape them when they don’t even know whether they were raped because they were so intoxicated because they blacked out. California Penal Code 261 defines the crime of rape.

This is a very interesting area of the law and something that is not always easy to decide exactly how a defendant wants to handle the case.  Because what I see happening a lot of times is that two people meet.  Maybe they met on the internet.  Maybe they’ve been dating.

Usually, it’s a one-night stand situation where I see this rape of an unconscious person being alleged against somebody and maybe throughout the night everybody’s getting along, there’s kissing and the defendant thinks that they have a chance to have consensual sex with the other party.

But obviously they can’t creep into that person’s mind to see whether or not that person intends to have sex with them.  Sometimes people don’t know whether or not they want to have sex with another person.

Both Parties are Intoxicated

So, they’re both getting intoxicated, taking drugs, whatever the case may be and they end up at someone’s house and then sexual intercourse occurs, or partially occurs sometimes, and the defendant is saying hey look, everything was going good, I don’t see why this person is now accusing me.

Sometimes it’s because the defendant went too far and sometimes it’s because the alleged victim is assuming that the defendant took advantage of them, when in actuality, the defendant did not because both parties were drunk; both parties were consenting to kissing and touching each other and the defendant figured that he or she was okay to have some sort of sexual contact with the other party.

The other party may be taking the position, before I met with the person, I had no intent of having sex with them, but the defense may be, wait a minute though, your actions did not bear that out.  In other words, you’re drinking with the person.

You’re kissing the person.  You’re going back to the person’s hotel, apartment, house — whatever the case may be — so that person thinks that you ware going to engage in sexual intercourse with them, and then there ends up being some sort of sexual intercourse.

Consensual Sexual Activity

So, we really need to know what happened in the case and kind of look at things logically.  I’ve even had cases where the allege victim — after everything is done — is taking action consistent with somebody who had consensual sex with another person.

Then later on for some reason things sour and now all of a sudden they’re accusing my client of being involved in some sort of sexual conduct or contact that was not consensual.

So, we really need to look at the surrounding circumstances and obviously, the best thing that I can get from you is an honest account of what happened and try to give me the information that might be negative toward you as to what the person is going to say you did wrong.

Sometimes you can pick that up immediately after the incident.  Sometimes you can pick it up the next morning.  Sometimes you can pick it up from a conversation the next day or days later.

Close Review of the Evidence

Sometimes it will come in the form of a text message, but I need to know what the other party is claiming that you did wrong so we can break everything down to make a decision as to whether or not you really did rape and unconscious person or whether the story has been blown out of proportion.

The person maybe doesn’t even realize that their actions appeared consensual and they did everything that would have a person thinking that they were consensual and now they just can’t remember what happened, so they think they must have been taken advantage of when they really weren’t.

So, these are the things that we’re going to be talking about and thinking about and making a decision on when it comes to this allegation of rape of an unconscious person.

I’ve defended sex crimes for many years, and I can help you get through this. Getting a criminal defense lawyer early in the case is crucial. Contact the Hedding Law Firm for a free case consultation at (213) 542-0979.

Ron Hedding

Named Top Los Angeles DUI Defence Attorney by LA Times and named one of the
Top 100 DUI Defence attorneys in California by the National Trial Lawyers
Association. I'm the attorney other lawyers hire to defend them.

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