Man accused of raping Vancouver, Wash. woman who died
VANCOUVER, Wash. (AP) - A man accused of having sex with a Vancouver woman who died of drug and alcohol intoxication has been charged with rape.
The 33-year-old Longview man appeared in Clark County Superior Court Tuesday and will be arraigned Feb. 8.
Vancouver police found the man in his underwear when they were called to a home Dec. 27 because of the woman's death.
The man said they had sex after consuming alcohol and cocaine. The medical examiner's office says she died accidentally of intoxication.
The Columbian reports the man was charged with rape because the unconscious woman was unable to consent to sex.
The 33-year-old Longview man appeared in Clark County Superior Court Tuesday and will be arraigned Feb. 8.
Vancouver police found the man in his underwear when they were called to a home Dec. 27 because of the woman's death.
The man said they had sex after consuming alcohol and cocaine. The medical examiner's office says she died accidentally of intoxication.
The Columbian reports the man was charged with rape because the unconscious woman was unable to consent to sex.
Most likely he will be found guilty of a lesser charge if he is indeed actually charged. Same thing happened locally a bit ago with a couple teens. Both drinking, she passed out (before/after/during who knows), then said she did not consent. I believe it was a lesser charge, but charged and found guilty all the same.
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In WA: Rape in the second degree: RCW 9A.44.050 ... (b) When the victim is incapable of consent by reason of being physically helpless or mentally incapacitated;
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It is a Class A Felony. Unfortunately whatever the case - even if he says she consented, or she did consent, the fact that she was intoxicated to the point where she OD'd will not help his case in trying to prove he "didn't know she was THAT intoxicated".
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This is an important lesson for teen boys to hear. Along with "age of consent in WA is 16" and it is not a good defense to say that you didn't know. Statutory rape is the "jail bait" law.
Does this guy have a background and police want to charge him with something to get him off the streets? I would think that the guy would be able to file a lawsuit or something. It's not right to charge someone with something because the other side of the story can never be told.Â
 @Just my say Forensics are pretty impressive these days, her side may indeed be told.
 @domino You will be able to tell if she had intercourse, but rape I highly doubt.Â
How are they going to prove when he mounted she didn't consent ? How do they know when he dismounted she was alive ?  Both of them consented to be with each other,had they done this before ? had sex occurred between them before ?  This is just a waste of taxpayer money.Â
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@Half-Baked Sorry to hear this happened to you. This sort of thing goes on way more than socieity admits. I think in some cases they want to sweep it under the carpet whe atheletes are invovled. I hope confronting one of the guys helped you a bit. Keep on succeeding in your life.
@Pollywannacracker I deleted my post, felt it was TMI and too personal for a comment board. It's all good now but when you are 16 the world feels so small and you feel small too. xoxo
@Half-Baked Actually there are others who have posted similar stories. I think it helps some of the readers be aware of all the different people who post. Lots of people take life for granted, not everyone has had an easy go xoxo
One would think that the Clark County Prosecutor's office would not have time for a snipe hunt like this.
"The Columbian reports the man was charged with rape because the unconscious woman was unable to consent to sex." Ummm, I'm not seeing the problem here.
 @dylandawgie Seriously? So if you fall asleep, or are sedated from post-surgery meds, etc, someone can come do whatever to you and it's a-ok?
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@Hadrian No, but if you're doing drugs and pass out, you're asking for it. Let that be a lesson to you. Take responsibility for yourself, and these things wont happen.
 @dylandawgie  @Hadrian How about you take responsibility for yourself and don't rape people and that includes someone who is helpless passed out and can't tell you to take a hike.
 @dylandawgie  @Hadrian Don't forget wearing short skirts and tight clothes too....
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Jerk!
Kind of hard to get testimony from a person who is longer with us.
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 @Tolly371 It will be thrown out. She very well could have consented and done the deed prior to passing out.
"Man accused of raping Vancouver, Wash. woman who died".....
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Don't keep us in suspense, finish the title!
It seems like it would be hard to prove this case, no witness, and how do they know when she passed out, maybe she consented before she went unconscious.
 @oledawg Yeah, it's one of those fine-line situations. Unless the guy stated he did so after she'd blacked out.
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 @Hadrian  @oledawg In which case, he's an idiot and deserves to get thrown in jail.
 @Avalonis  See above: "...consuming alcohol and cocaine". I think that seals the idiot accusation right there. :]