Can I press charges for rape if I was intoxicated at the time?
Question Details: I was an 18 year old male having some friends at my house. We were under the influence of alcohol and marijuana. I called a friend's mother who was one of the cool parents to buy us some more alcohol. I was already very intoxicated. She bought some for us and came over. She was 35 at the time. We had sex but I don't remember the details of it due to my intoxication.
Possibly. It depends on *how* intoxicated you were and whether you can prove that level of intoxication.
Because you were 18--an adult--this was not "statutory rape" despite the age difference. That means that you could presumably consent to sex. To make the sex some form of rape or sex abuse, you would have to show that you were not merely drunk, but were so intoxicated that you could not consent: you did not know or could not control what you were doing, and so could not give meaningful consent. That is one small step removed from being so drunk you are passed out and unconscious. It may be difficult to show that level of intoxication.