Forcible Rape

Defendant met victim at a party in the victim’s apartment complex by the beach. After a couple of hours, all of the partygoers went to a bar nearby and victim invited Defendant to go along. Defendant went to the bar with victim, but he was unable to get in. Defendant left the bar disappointed. Later that night, defendant came back to the apartment complex and noticed victim’s door was unlocked. Defendant entered the apartment and found victim passed out on the couch. Defendant disrobed victim and had sexual intercourse with her. During the intercourse, victim’s roommates awoke and saw the Defendant with the victim.

Defendant was charged with two strikes, Residential Burglary and Forcible Rape.

There was an issue as to whether the victim was conscious when defendant entered her apartment and consented to sex. Defense investigation yielded information that victim and her roommates were drunk and used cocaine that night. I was able to use that information to my advantage and negotiated probation.