Quote:
Originally Posted by Cephalic Trauma
I would also like to hear from some of our legal gurus on the board.
Paging Dj's left nut.
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I'll take a stab at it. Consensual sex requires capacity to consent, and this girl's BAL was .13 in the morning (probably at least 8-10 hours after the party). Extrapolating back to when the alleged rape occurred, I think a tox expert could credibly testify that she was either passed out or so drunk as to be unable to meaningfully consent. She was probably somewhere around a .20 to .25, which is pretty ****ed up for a 14 year old girl. Again, keep in mind I don't know when the rape occurred or when she was tested.
Apparently there's a loophole in the current law, however, where that incapacity has to be caused only by the perp. In this case, she clearly had a role in her incapacity
http://barnesformissouri.com/?p=935
So, I'm back to my original assessment that a properly motivated prosecutor should at least have gotten a statutory conviction/plea. The perp's grandfather was retired highway patrol, so my guess is a few favors were called in.