Sex Consensual Before Girl Got Drunk, Lawyer Says
Defense for teen boy will hire toxicologist to prove alleged victim was not initially incoherent in Flanders incident.
The defense for a male teen accused of sexually assaulting a female peer at a Flanders home last month plans to hire a toxicologist to prove the alleged victim was able to give consent before becoming intoxicated, a Daily Record report said.
The male teen, now 16, is one of two accused of assaulting the girl at a Flanders home belonging to another 16-year-old male. The defense lawyer, James Porfido, said based on discovery and police reports, the girl consented to having sex with his client prior to becoming intoxicated, the report says.
For the full story on dailyrecord.com, go here.
Homeowners and parents of the hosting teen were present at the time of the alleged crime, police indicated. Judge Michael Paul Wright acknowledged the parents lack of supervision, but no charges have been brought against them, the report said.
For a full story on the incident initially reported by Patch, go here.
Jon
6:56 pm on Friday, October 5, 2012
Shouldn't the person who provided the alcohol also be prosecuted for that?
2012
7:02 am on Saturday, October 6, 2012
Consented? She's 15! Which part of the word, "NO" did he NOT understand. It's just lawyers doing their job. What if it were your daughter!!
FourScore
9:30 am on Saturday, October 6, 2012
How do you know she said NO, and how do you know she wasn't even the initiator of the sex act between these boys, who are basically the same age she is??? Why is it that whenever a boy and girl get drunk and have sex, everyone just assumes that it’s the male who is the initiator? What if it were your son who’s been locked up in a juvenile detention center for a month accused of rape, and it ended up that the girl actually consented all along???
Stacie Bohr
10:20 am on Saturday, October 6, 2012
While I feel badly for these kids, I totally agree with Hook. Unfair assumptions are made when facts are unknown. But a month after the incident, how will a toxicologist determine the level of intoxication?
12345678
10:26 am on Saturday, October 6, 2012
I have to agree as well. We don't know all the facts. I could just as easily believe the girl was embarrassed to the point of saying anything..
Nicole Faulkner
8:35 pm on Wednesday, October 10, 2012
I agree that we do not know whether or not this girl said 'no' or not. However, as the initial report indicated, the police found the girl upstairs in a bedroom in "an incoherent state". If you're 'incoherent', you cannot consent to sex. And whatever was allegedly 'agreed upon' prior to anyone becoming illegally intoxicated, is null and void. And for the record, I have daughters and sons. So I can certainly appreciate the position of each.
Liberty
9:11 am on Sunday, October 7, 2012
The age of legal consent in NJ is 16. The parents/homeowners of the "hosting" teen--were home and knew nothing? Isn't providing alcohol to minors illegal?
Yes, and how do they do the test a month later? If they took a blood sample that night, wouldn't a test have already been done?
FourScore
1:49 pm on Sunday, October 7, 2012
The age of legal consent in NJ is 16, but for statutory rape to occur, the perpetrator has to be a least 4 years older. In this case, if the sex was consensual, then no crime occurred (other than the alcohol consumption).
Liberty
3:20 pm on Sunday, October 7, 2012
But she has to be 16 to give consent; so how can it be consensual?
(I'm not looking for a fight, I'm asking a serious question.)
12345678
3:57 pm on Sunday, October 7, 2012
http://aspe.hhs.gov/hsp/08/sr/statelaws/summary.shtml
In New Jersey, the age of consent is 16, but individuals who are at least 13 years of age can legally engage in sexual activities if the defendant is less than 4 years older than the victim
Liberty
4:15 pm on Sunday, October 7, 2012
Thanks. Crazy...
cv
5:03 pm on Sunday, October 7, 2012
What in the hell where all the kids doing drunk with an adult around and why no charges againt the adults?