re: Man charged with recording sexual acts of Madison Brooks

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An intoxicated male and intoxicated female have sex. Neither forceful, but both have no recollection of the event and we’re completely hammered to the point of not having control

Who raped who?

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Post-Miranda statements:
Admitted she was unstable on her feet; unable to keep balance; unable to speak without slurring; she was “drunk, drunk”. Admitted he asked the victim for her address but she “fell over and could not answer him; asked 5 times if she wanted to have sex with him and gave verbal consent; victim and 17-year-old had sex in the rear seat; they all remained in the car

Co-defendant “we got to stop this, let’s go”. Washington stopped having sex with her then drove to bring her home. Stated while the sex acts were being performed on the victim, “he hated it and felt uncomfortable”; He thought the victim was “drunker and speech was slurred”;

When asked if victim was too drunk to consent, he replied “I guess”

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A. Third degree rape is a rape committed when the anal, oral, or vaginal sexual intercourse is deemed to be without the lawful consent of a victim because it is committed under any one or more of the following circumstances:

(1) When the victim is incapable of resisting or of understanding the nature of the act by reason of a stupor or abnormal condition of mind produced by an intoxicating agent or any cause and the offender knew or should have known of the victim's incapacity.

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