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I have heard so many protests along the line of “but we were having a good time” or “she was totally into it” but if he or she was too far under the influence to consent to the encounter, then it is rape.
It is also rape if the victim is unconscious, asleep, or otherwise helpless and therefore incapable of consenting to sex.
For example, a 15 year old who has sex with a 13 year old schoolmate can be convicted of rape of a child.
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Any unconsented touching that does not have penetration (even slight penetration) would constitute an “indecent assault and battery.” The age of consent for non-penetrative sexualized touching is 14.
The reasonableness of accused’s assumption that his/her partner was older simply doesn’t matter in the eyes of the law.
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