You could theoretically go to jail in NJ if the girl claims she had even one drink and was intoxicated. You could also, in theory, go to jail in any consensual situation if the girl than says she said no, even in the absence of any physical evidence of struggle.
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Originally posted by swissmiss04
It's hard to prove consent after the fact. That's what makes trying rape cases so tricky. Some rapists don't get convicted and some innocent people people go to jail. Unfortunately, it sometimes boils down to who has the best legal team.
BTW, if you read rape laws (especially in backwards states like AL) you will find them to be anything but female friendly. Maybe things are different in NJ.
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