Above is an article about this very touchy (no pun intended) subject. Should it be considered rape for a man to have sex with a drunk woman who consents? Can drunk women even consent?
I am not sure about this. I feel it it would be abused. Its like saying its illegal to have sex with a drunk woman, which is just too far to go with the law. Its also similar to saying that hitting someone in a car is OK because you were drunk which isn't true. You need to be responsible for your own well-being and you need to take care of yourself and mind your surroundings. I do think that intoxication should have some importance in rape cases though.
@omgomgwtfwtf: Dont get in that position, getting drunk on your own accord and being Drugged are two different things.
I never said that people shouldn't be responsible. My statement makes no distinction into how you reach that state of mind. Also, I would take into consideration the level of drunk a person is before one can determine what mind set they are in. Since there is a difference between being buzzed and being black out drunk.
Clearly, if the person is unable to remember her home, that person can't consent to anything, let alone sex. Should that person have been more responsible? Yes of course. But that doesn't give anybody the right to take advantage of the situation.
On one hand, they choosingly got into that state and as such should take responsibility for themselves. On the other hand they aren't in a proper state to make a pretty substantial decision and some people will take advantage of them. So I guess sorta. It's more along the lines of assault than rape IMO.
How it went down is a factor though too. If the girl offered the man to have sex, then I would say no and it's her own poor judgment. If the dude took advantage of her, then it's more along the lines of assault like I said above.
No, as long as she willingly consents, it's not rape. It is sleazy if you got her drunk knowing she wouldn't have consented if she wasn't intoxicated, but rape? Nah.
It's rape if she's passed out and doesn't consent, but if you cross this line of making drunk into rape it diminishes rape. Plus, what if the man is drunk and the woman is not? Is it rape then? What if both people are drunk? Is it rape then?
Nah, this is one of those slippery slopes that we need not slide down.
No, if she makes it obvious she wants the D then its not rape. Although I recommend also being drunk too, because a sober guy smashing a wasted chick just doesn't look or sound good, even if it was consensual lol
She is under the influence, so she is not in the right frame of mind so they could charge you for rape.
Worst if you are sober and you know this and take full advantage.
If you are both drunk now,that is a difference story.
What if you just hold your liquor better and she's a light weight? Is it still rape? What if she's your girlfriend and she's drunk after a date? No...even for a super-lib like me this is a line that shouldn't be crossed. It's scary.
Unless he spiked her drink, she made a conscious decision to get drunk.
You can't sure tattoo parlor for being drunk when you got a tattoo, you can't use "sure I hit that cop, but I was drunk" as an excuse in court.
Exactly what Cable_Extreme said. This is rule number one. It is essential you follow this. The courts will f*ck you over, if the chick claims rape. Men BEWARE.
As for the question, it shouldn't be. If a drunk woman is held accountable for a crime while drunk, then why not sex? That article is such crap, how do people even come up with this stuff? Good thing the comment section of the article uses common sense.
I will say no, because SHE made the choice to get drunk. Unless someone kidnapped her, forced her to drink and take horny pills this is merely only a morally wrong situation, not legally.
It's like if you dare your friend to take LSD and he does, and then decides to jump off the roof thinking it's a lake in his head then dies...would they blame the friend for "daring" him or be like, well if nobody forced it down his throat he's responsible for his own actions?
@superguy1591: put it this way, alchohol alters people's minds, if she wouldn't/hasn't had sex with you while sober, chances are, you are taking advantage of her due to the fact she was drunk. I'm not saying it is rape, but it is wrong.
Pretty much. I know that a lot of people go out to get drunk and them to have sex, so yeah... I'd still say that you should be drunk yourself. I mean if you're sober and they're so drunk that they might as well be drugged or unconscious what's the difference?
What about the woman having sex with a drunk man? #equality
It's still crossing a line, though social norms towards masculinity make it less likely for males to care and even less likely for a man to report if he did care.
Under US Law, a drunk person cannot give consent, so yes.
i don't recall this being a law. i do know that once they reach a certain level, black out, then it is, but that's not the question being asked. i see no reason as to why if a girl and boy had drunk sex the man would be charged of rape.
@superguy1591: if she is drunk and doesn't say yes, I'd say it is rape, but if she verbally consents whether she is able to or not, people can't read her mind, nor do they carry blood alchohol measure kits with them. It is a shady line that is really hard to effectively measure.
But I'd hope that if a person is not drunk, that they make sure that the person they bang is not extremely drunk.
It's only rape if the girl says no, and he forced himself onto her.. or she can't give an answer and a guy takes advantage of the situation.
It's fair game if she says yes.. in most cases I've seen, people who are drunk and consent to sex don't care about who they have sex with.
I agree. Although I do no get agree with people getting drunk and having sex with strangers who they are not hitched to.
Don't get drunk to start with and don't have sex like its a unconditional and free giveaway.
Sometimes, to avoid all the mess, don't even drink alcohol. In the USA where I live, this is not the wild west anymore. Alcoholic drinks are not the only way to get clean water here. The same goes for plenty of other countries.
Log in to comment