Hi,
My friend had a more than unfortunate night last night, and we´d like to know what her legal options are.
Background to the situation: My friend, B, female, used to date N, male, but she currently has a new boyfriend. B and N have tried to stay friends, although it has been apparent that N has wanted to be more; he has persistently made advances (verbal, occasionally small physical things), and B has persistently made it clear that she wants only to be friends (she has directly told him as much numerous times).
Last night, B and N were both drinking at a little college party with friends (B is 19, N is 21). B only remembers playing drinking games with him; she doesn´t remember any flirting or the like. Her next memory (she had a lot to drink and so doesn´t remember the whole night) is of walking back to her dorm with N, with whom she was fighting. She repeatedly told N to ¨Fuck off,¨ et cetera, though N was insisting on walking her back to her room. She remembers being furious and crying, but did not remember why in the morning.
In the morning, B called N to find out what had happened the previous night. N told B that they had had sex. N also told B that N´s friend, J, had taped the sex with a camera placed in N´s room (a standard type of photo camera that has a video-recording setting). N claims to have been unaware that J had set up a camera to tape them. N claims to have found out later from one of J´s other friends that J had taped the encounter; after hearing this, N claims to have gone into J´s room, deleted the video from J´s camera, and gone through J´s computer to make sure there were no copies there.
B would like to know what options she has for pressing charges against J and/or N. I know in some states, if the female is drunk, sex can be ruled as nonconsensual, even if she drunkenly agrees or is ¨into it.¨ Are there any such laws in MA that would apply to N here? How difficult would such a case be? J´s case seems more straightforward - what kind of laws would apply? How difficult would it be to prove if N has, indeed, deleted the only copy from J´s camera?
Also: B is very much upset and embarrassed by this whole incident, to say the least, and fears the gossip that would ensue in her school if she did choose to press charges. What is the statute of limitations for these things? Is waiting to press charges a bad idea? Is there any way for her to make a police report now and put off pressing charges, perhaps until this summer, or even until she has graduated (3 years from now, I realize that´s probably not possible)? Does she have any other options for pressing charges and maintaining privacy?
Thank you all so much for your help - I really appreciate it and I assure you B will as well.
My friend had a more than unfortunate night last night, and we´d like to know what her legal options are.
Background to the situation: My friend, B, female, used to date N, male, but she currently has a new boyfriend. B and N have tried to stay friends, although it has been apparent that N has wanted to be more; he has persistently made advances (verbal, occasionally small physical things), and B has persistently made it clear that she wants only to be friends (she has directly told him as much numerous times).
Last night, B and N were both drinking at a little college party with friends (B is 19, N is 21). B only remembers playing drinking games with him; she doesn´t remember any flirting or the like. Her next memory (she had a lot to drink and so doesn´t remember the whole night) is of walking back to her dorm with N, with whom she was fighting. She repeatedly told N to ¨Fuck off,¨ et cetera, though N was insisting on walking her back to her room. She remembers being furious and crying, but did not remember why in the morning.
In the morning, B called N to find out what had happened the previous night. N told B that they had had sex. N also told B that N´s friend, J, had taped the sex with a camera placed in N´s room (a standard type of photo camera that has a video-recording setting). N claims to have been unaware that J had set up a camera to tape them. N claims to have found out later from one of J´s other friends that J had taped the encounter; after hearing this, N claims to have gone into J´s room, deleted the video from J´s camera, and gone through J´s computer to make sure there were no copies there.
B would like to know what options she has for pressing charges against J and/or N. I know in some states, if the female is drunk, sex can be ruled as nonconsensual, even if she drunkenly agrees or is ¨into it.¨ Are there any such laws in MA that would apply to N here? How difficult would such a case be? J´s case seems more straightforward - what kind of laws would apply? How difficult would it be to prove if N has, indeed, deleted the only copy from J´s camera?
Also: B is very much upset and embarrassed by this whole incident, to say the least, and fears the gossip that would ensue in her school if she did choose to press charges. What is the statute of limitations for these things? Is waiting to press charges a bad idea? Is there any way for her to make a police report now and put off pressing charges, perhaps until this summer, or even until she has graduated (3 years from now, I realize that´s probably not possible)? Does she have any other options for pressing charges and maintaining privacy?
Thank you all so much for your help - I really appreciate it and I assure you B will as well.
