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Is this date rape? Would it stand in court?

Asked by AmberM88 (93points) February 7th, 2011

This guy came over, he asked if I wanted him to bring any alcohol, I said yes. He brought two Four Lokos with him. We started drinking, eventually we both finished our cans. He wanted to have sex, I didn’t really want to. I never said yes or no. He started kissing me, then carried me to my bed. He started taking off my clothes and went down on me. He took off his pants and was about to enter me without a condom. I told him absolutely not, get a condom on first. He resisted for like 5 minutes, promising he would pull out. I wouldn’t budge though, so he went to his car to get a condom. While he was gone, I got dressed and went to sit on my couch since I didn’t want to have sex. He came back and was a bit annoyed that I was dressed, so he took me back to my room, undressed me again, took off his pants and put the condom on. He was on top for about five minutes, then he turned me around because he wanted to do a different position. He started thrusting, and then that’s when I blacked out… I can recall very little past this point.

The next thing I remember, I was still on all fours (or on my stomach, not sure which), and I heard him say, “See, I told you I would pull out.” I was so angry… but sadly I was too wasted to do anything. I just threw up and passed out instead. The next day, I asked him what happened, he said the condom broke, but he was way too horny so he just finished with out one and pulled out. He promised I wasn’t pregnant, but I got mad and said I wasn’t just scared of getting pregnant, I was also scared to death of getting an STD. (And to make matters worse, he said he was a “pro” at pulling out, he’s been doing it since he was 19… he’s 23 now. I don’t even want to know how many girls he’s had unprotected sex with) He says he gets tested and is clean, but I don’t trust him. I know for sure now that I’m not pregnant, and so far I haven’t had any signs of STDs. I am getting tested this week to know for sure though.

Was it date rape? And if I took this to court, would I have a solid case?

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