Whether the letter is true or not, the hypothetical situation posed does implicate the "friend" in several ways:
DEAR ABBY: My 16-year-old daughter went to a party at a frat house where she was given a great deal to drink.
**Providing a minor with alcohol**
**The age of consent in Virginia is 18 and in this situation, the girl was not of age of consent**
Feeling "woozy," she went outside. One of the "boys" she had been talking to went with her and suggested she go back to his room to lie down. She had known this fellow before that night and trusted him.
**"had known this fellow before that night" would indicate that he SHOULD know her age**
She was drunk, and he had sex with her. It was her first time. She claims she tried to make him stop, but he wouldn't, and she couldn't make him.
**Per the law, this was not consensual if it happened this way**
Shouldn't the young man be punished in some way? I feel something should be done. Would this constitute date rape?
from Confused in Virginia
And, for those who question whether it is rape if the situation is reversed, of course it is. If an adult woman has sex with a minor male, it is rape. If an adult woman had sex with a drunken minor male, it is rape. If a male says "no" and a female overpowers him and has sex with him anyway, yes, it's rape.
"Jailbait" is the word to use with someone under the age of consent and yes, you're foolish if you have sex with "jailbait" because if you think you're responsible enough to have sex, then you should be responsible enough to know the law.
Is there enough information in this letter to convict somebody? Of course not. Physical evidence of the rape would be necessary for it to result in a conviction. But, it's enough to start an investigation.
Dee
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