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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71041
Experience:  Over 5 years in practice
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Do I have a case ? as I am not sure if this may be

Customer Question

Do I have a case for rape? as I am not sure if this may be sexual assault or alcohol misadventure instead.
I never wanted him sexually or even fancied him, he was a new friend and that night he hardly drank due to driving but I drank from the evening into the night.
I was celebrating my special event occasion at the time, so I was already drunk when i said yes to him asking if I wanted to celebrate by having champagne at his so I stupidly said yes.
Into the night, I felt really ill (mind blacking out and vomited twice) because of the drink hence I had to go on his bed (top of covers and clothed fully) then I had these flashbacks and some memories (fuzzy and clear) where I recall him stripping me, dragging me down the bed a little, kissing me passionately from mouth down onto down there. Here I was frozen scared but had enough energy to close my legs tight as I can but he opened them himself and forced oral on me while I think I cried silently.
I didn't say no (as I was frozen in fear, may of panic breathed a little) , but I didn't scream/fight him back nor want any of this either.
I also recall feeling awkward yet having to masturbate him and know penetrative sex happened because of his ejaculate inside myself and my knickers (unfortunately the knickers were thrown the next day in disgust by me).
Yet, I successfully repressed this and hated control taken away from me; so I made myself sleep with him 2 weeks later and more after that (which turned into a brief relationship of 3 months) this is so I could from then on, regain control, charge and power again since that night and say that I want sex rather than him being in charge of this.
Not sure if this is applicable to mention but 1-2 months after the last sexual encounter with him, I got tested and they found that I had Bacterial Vaginosis which had acutely infected me resulting in strong antibiotics at the maximum dosage for 3 weeks.
As I mentioned before, I can really repress and after that I buried myself in distractions like work and various other things to, this had then all caught up with me mentally and emotionally 5 months later; after I herd that my old friend was befriending him which gave me bad feelings/flashbacks/psychosomatic symptoms/lack of concentration and confusion.
Is this enough information that you need? or do you have any questions for me regarding this at all that would help?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
When did this happen?
Customer: replied 1 year ago.
Late September 2015
Expert:  Jo C. replied 1 year ago.
It depends really.Clearly you describe not actually consenting but whether his belief was reasonable that you did is another matter. Drunkeness does not mean you cannot consent and neither does any other form of drug. It is not really possible to tell from what you say above.If this was in September 2015 though it is no longer going to be possible to prove that any sex took place or that the alcohol in your blood stream would have rendered you unconscious so certainly the presumptions will not be engaged.You could make a report I suppose but it would be irresponsible of me to tell you this is the strongest case I'm afraid.Can I clarify anything for you? I'm just about to travel home but I will be on again in about an hour.Jo
Customer: replied 1 year ago.
You said that it is too late to have any "rape/blood alcohol level tests" done yet I have herd of numerous stories that have the offender convicted after even decades after the event happened, so how is that possible bu this is not a strong case?
Expert:  Jo C. replied 1 year ago.
The conviction rate is actually pretty low. Historical cases don't rely on medical evidence. Delay leads to the loss of evidence. This is a case of your assertion and his denial which doesn't generally lead to convictions
Expert:  Jo C. replied 1 year ago.
Moreover, you don't seem to be saying that you were unconscious so the presumptions don't apply. Even if your account were accepted at its highest, and it will be challenged, that still doesn't really make inroads into his reasonable belief in consent. If a person doesn't expressly complain it becomes quite hard to challenge reasonable belief.