Sex Consensual Before Girl Got Drunk, Lawyer Says

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.

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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.