Re: A Girl, Her Boyfriend, Her Ex-Boyfriend - Jail???
technically, yes; but as a practical matter, no.
First of all, rape is sexual penetration without consent. So although she wasn't forced, she was coerced and the california statute includes "duress" - the question is did what he say to her include duress?
as a practical matter, I don't thinka prosecutor will charge this crime, and if it was charged, a jury is not likely to convict given their past relationship and her cheating.
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