Q: Boy, 17, and girl, 15 go to a friend's house. Friend's dad gets them drunk. Teens have sex, girl says it was rape.
The kids all lied to investigators at first, and said their friend stole a bottle from their parents, and the parents didn't know they were drinking. But the girl's parents are mad, and they found out the adult hosts handed the kids shots when they walked in the door, and kept giving them drinks. So does the boy have a case, that he didn't have the mental capacity to criminally assault someone since he was so drunk? The girl's parents are willing to go easier on the boy, if the host parents go down instead. Had they not gotten the kids drunk, it would not have happened.
A: Aside from the criminal case, the parents of the girl can bring a lawsuit for damages against the boys parents for the rape of the girl based on the negligent acts of the parents in serving the kids alcohol.
A: No, the boy probably doesn't have a viable defense to possible criminal charges by arguing that he didn't have the mental capacity. Any diminished capacity resulting from voluntary intoxication is normally not a defense. But of course, he should refuse to answer any questions about this except with his attorney.
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