There is a situation in which fratboy A and fratboy B met in a fraternity house. They became close and text message picture of penises we're exchanged. Later, at a party, fratboy A and fratboy B ended up having oral sex in which fratboy B, supposedly straight, woke up and fratboy A was performing this sex act. No action was taken in regard to fratboy B disliking the act. Life continued. At a second party, Fratboy C found out about fratboy A and fratboy B. Fratboy C also allowed fratboy A perform oral sex on him while drunk. Both fratboy B and C, being "straight" file charges against fratboy A and he ends up with 13-30 yrs in prison for these sex acts between drunk fraternity brothers. None of the text messages were admissable, even to prove sexual contact was invited. The concept of "consent" is questionable because if the "victims" were capable of remembering said incident, why is their lack of consent or simply saying NO not questioned? How is it they can maintain they are sober enough to claim rape, but not sober enough to say no? Why is it allowable for their silence to be construed as incapacitation due to inebriation, yet their claim of rape is well after the sex act is completed? Sounds like railroading to me. Does anyone have any appellate case precedent or any information about Pennsylvania law concerning sex crimes in which both parties are drunk past the point of consent or anything concerning similar cases?
If the case is already closed and sentencing has been given... 13-30 years in prison and Megans Law registration... what grounds for appeal may be possible? The gay boy, fratboy A, has no criminal history. He came out at the beginning of college and is inexperienced and naive. Does he deserve his life to be ruined? Please help me figure this out.