Legal Memorandum 2.docx - Legal Memorandum To Derk Smith...

This preview shows page 1 - 2 out of 4 pages.

Legal Memorandum To: Derk Smith & Inga Smith From: Kelly Coleman RE: Derk and Inga - Rape Date: June 21, 2019 QUESTION PRESENTED: The question to answer is whether or not Derk should be charged with rape regarding the act of non-consensual sex with Inga. Inga was under the influence of alcohol and is indicating she did not agree to have sexual relations with Derk, but woke up stating he was on top of her. Derk claims that Inga ended up in the floor with him and wanted to have sex. It must be determined based on South Carolina state law which states, “An act of sexual penetration accomplished with any person” when “the victim is incapable of giving consent because of any intoxicating agent.” SHORT ANSWER: Yes. Derk should be charged with rape based on the South Carolina state law. Inga was evidently drinking some in the presence of Derk and was also witnessed to be drinking all night prior to meeting Derk by her friends. Inga was showing evident signs of being heavily under the influence of alcohol and was in no capacity to make good judgement based on her state of mind. Regardless of whether Derk was trying to take advantage of Inga or not, he is still guilty of having sexual intercourse with her against her will. No. Derk had arrived late to the bar and was only there to see Inga consume two beers and his knowledge of her incapacity was unable to be determined. He could only be sure of what he witnessed that night and under the direction of the defense, based on his knowledge of her alcohol intake, he assumed she was of sound mind. FACTS: Inga was at a bar at Hilton Head Island around 9:00PM with her friend Abby to celebrate Abby’s birthday. By the time midnight arrived, Inga had consumed four beers and several shots of liquor. Abby’s boyfriend Al arrived at the bar with his friend Derk. Inga had never met Derk before and wasn’t aware who he was prior to this night. The four adults agreed to go back to Al’s house after leaving the bar. Inga continued to consume two more beers once arriving. Abby and Al noticed that Inga was incoherent when she laid down on the living room sofa around 1:00AM and Abby and Al decided they were going to bed for the night. At that time, Derk was laying in the floor of the same living room as Inga. Inga testified that she didn’t remember what happened from the time that she had arrived at Al’s house until the time that she awoke and realized she was also laying in the floor with Derk and he was on top of her, engaging in the act of sexual intercourse. Inga pushed Derk off of her and screamed for her friends, Abby and Al, who took Inga to the hospital.

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture