Suzy just turned 21 and went out to celebrate her birthday at a local bar. She is
Question:
Suzy just turned 21 and went out to celebrate her birthday at a local bar. She is in her fourth year of college, State U, and the bar is located just steps off of campus. It is the favorite hangout of many college students. Suzy goes to the bar and is trying to get noticed by the bartender to order a drink. The bartender keeps skipping her and taking the orders of other patrons. There is a guy in a State U sweatshirt next to her, Mark. Mark looks at her and says you are having a tough time here, what would you like to drink. She thanks him and says it's ok I can order my own drink on my birthday. Mark says don't be silly it's your birthday I want to treat you for a drink. He orders them two Margaritas. They begin to talk and hit it off. Suzy asks Mark to watch her spot and goes off to the restroom. When Suzy leaves Mark takes a package of Rohypnol and puts it in her drink. After several more drinks the two end up in her apartment together. Suzy has no memory of the night. Mark is next to her in bed and both have no clothing on. Suzy screams at Mark that she did not want to have sex with him. She calls the police and keeps Mark in her apartment. The police arrive and take both of their information and identification. Suzy details the drinking and says she has no memory of what had happened. Mark denies doing anything to cause her to lose her memory. The police look at Mark's identification which shows that he is from the local high school. Mark is 15 years old. Police take Suzy to the hospital where a lab test confirms that Rohypnol was in her system.
Please discuss the crimes that may have been committed. Are there any defenses available?