Did I get raped or am I over exaggerating?

So last night I kinda got drunk and pretty much passed out. Come to find out this random guy I had met a little earlier ended up fingering me. Is that considered rape or does actual sex have to be involved?
Updates:
+1 y
I didn't remember it this morning, but my friend told me it happened. Literally it happened right in front of like 7 other people and I was passed out on a picnic table. And nobody stopped it.
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Most Helpful Girls

  • I'm so sorry, sweetie. Know that you have a right to process all this at your own pace, and to feel about it however you want. No one should ever take advantage of another person in this way, and someone should have stepped in. Please find someone you trust to confide in, you could definitely use some support right now.
    I don't know the details of its classification as a crime, it may depend on the state. All I know is that it is considered sexual assault. As others have said, try to gather as much information as possible and seek legal help if you would like. It's 100% up to you.
    No matter what ANYONE tells you, please know that this was NOT your fault. It is completely on the sh*thead who did this. Again, this is no way your fault, but for future reference: if you ever find yourself needing help while other people are around, point out one individual and ask for help. If that person doesn't help, point to someone else till someone helps you. Doing so substantially increases the chances of someone coming to your assistance.
    Again, I'm so sorry this happened to you. Please don't hesitate to message me if you need someone to talk it out with!!
    Good luck and take care.

  • I don't know if it would legally be considered "rape" but it's definitely sexual assault. I would say report him but that might be difficult since you don't even remember it yourself:( Do you know the name of the man who did it? Do you know who was in the room when this was happening? Perhaps you could ask one or a few of them to get the full story of what happened and get them to vouch for the story if you choose to go to the police. I'm very sorry that happened to you hun. No one deserves to endure something like that.

  • It's not rape because rape would mean sexual intercourse but he did sexually assault you as it you were unable to give consent being unconscious he took advantage of you and I really don't think you should drop it I think you need to find out more information from witnesses to see if maybe it was consensual but you don't remember because honestly if I was you id bring him to the police station and get him booked no way would I let someone take advantage of me like that

Most Helpful Guys

  • Well technically if the reason you were passed out was due to the influence of alcohol, any sexual action you partake in even with a boyfriend is considered non-consensual. But it goes both ways.

    If he was drunk during the time, you get a rather interesting legal defense, which is that you technically committed sexual assault on him by definition of the law. lmao it's a strange one.

    My big question to you though is are you really horribly angry/upset/devastated by it? Because if you do press charges, realize you're going to ruin someones life. Ask yourself if they deserve it. I'm not saying they don't, but perhaps a better punishment than pressing charges is simply to tell his friends about it, contact his parents, that type of thing.

    • If she's passed out drunk and he's not drunk enough to be incapacitated, it is most certainly him that committed the sexual assault.

    • You don't understand the Law clearly

    • No, I'm fairly sure I do. According to the FBI, rape is: "The carnal knowledge of a person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity" They also say "The definition of Rape in both the Summary and the NIBRS include instances in which the victim is incapable of giving consent because of age (or because of temporary or permanent mental or physical incapacity, which also includes incapacity due to the influence of drugs or alcohol)." Source: www.fbi.gov/.../new-rape-definition-frequently-asked-questions

      So if the victim is passed out drunk, or so drunk they are unable to defend themselves, that means they are incapacitated. If the perpetrator is capable of forcing themselves upon the victim and having sex, they must be at least somewhat physically capable, and thus not incapacitated. So, it would be rape, despite the perpetrator also being somewhat inebriated.

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  • There isn't just one law covering the entire world you know!

    But generally no it wouldn't be rape tho it would be some kind of sex crime if you didn't consent and he didn't have a reaosnable belief that you were consenting

    Did you consent or not? Cos you haven't really made that clear in the question. Do you pass out as in lose consciousness? Or you just dont remember? I'd only report to the police if I knew I didn't consent. Cos if I'm not sure as the victim, hows a jury meant to be sure?

    On the other hand if you're sure you didn't consent then dont hesitate to tell the police

    • And since the jury has to be sure beyond all reasonable doubt it might be best to get some evidence. For example record a coversation with him where you get him to admit what he did

    • or as zadams says get some eyewitnesses

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What Girls & Guys Said

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  • It's definitely at least sexual assault. You may have no physical proof but if there were in fact that many people present then you have many eye witnesses. As for you possibly being ok with it because you were drunk or in an unstable frame of mind, I'm sure if there is anything the authorities can do but you definitely need to go to a police station and find out. Who knows what this sicko will do the next time he is with a girl who is vulnerable. May even end up worse if he gets her alone

  • That's sexual assault.

    I can't believe that none of those people stopped it. You should stay away from all of those people.

  • Girl.. How did you let that happen to yourself? 😐

    • She didn't "Let" anything happen to her, although not an ideal situation, being drunk or passed out doesn't give anyone the right to assault another person. No consent given here. :-(

    • Blaming the victim is in no way helpful. People do this to help ease their own fears, so they can assure themselves that it will never happen to them. This girl didn't do anything wrong. Once you get older you'll learn how easy it is to overindulge, it happens to just about everyone at one point or another. As Algonquin stated, it in no way made it okay for this guy to take advantage of her. There are bad people in the world and one of them acted in harmful way towards her. Try to have a little empathy, it can happen to anyone.

    • @xxblue_eyes Look smartass, I don't need people like you to tell me what I should say and what I shouldn't. Do what's good for you and let others also have their own opinion. I don't need to get older to understand that everyone could be in a situation where you pass out after getting drunk and get fingered by some random guy. I'm smart and already old enough to know that actually NOT every girl can get in a sloppy position like that. If she'd drink less and have taken more responsibility, she wouldn't be questioning now whether she was raped or not. Again, mind your own damn business.

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  • sexual assault and you need new friends.

  • Yeah, I think so. I'd report it and be pretty pissed at the friends that let it happen.

  • It would be considered sexual assault. But how can you prove you didn't consent? You may have been conscious, but don't remember agreeing to it,

  • Legally you can't consent while drunk. So it's sexual assault. Maybe not rape though.

  • Seems rapey, but unfortunately would be near impossible to prove.

  • The new definition of rape is: “The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.”
    www.justice.gov/opa/pr/2012/January/12-ag-018.html

    Yes.

    • Also, Fuck the phrase "taken advantage of" Taking advantage of someone should be used to describe like... when someone expects you do do shit for them. It shouldn't be used to describe rape.

  • Yeah that's sexual assault. & get some new friends.

  • yep, that's sexual assault.

  • You were not in a position to consent due to being drunk so that makes it rape. The 7 who watched and did nothing should be ashamed. I think you need to report it. If you have a trusted friend or family member have them help you report it. xoxo

  • thats rape if you did not consent

  • Its definitely sexual harassment

  • A few things: 1. It's awful that this happened. You should take the time to deal with this and try to process at your own pace. 2. To answer your question, it really depends on the jurisdiction you're in, as laws can vary. Feel free to message me if you have any questions or just need someone to talk to.

  • I'm not sure if that's rape or sexual assault, but it's one or the other

  • Sexual Assault and really in my opinion rape, because if you were so drunk you didn't remember chances are it was obvious you were that drunk and just because a girls to drunk to say no it doesn't mean the guy has a green light to have his way with her.

  • More like takin advantage of, sexually assaulted, it's probably something you won't be able to legally pursue, but you could spread a rumour about. Him being a rapist.

  • That's sexual assault.

  • Classed as a sexual assault, as you was clearly drunk, it's classed as that weather you give consent or not as you have a slower reaction time and you don't really know what's going on etc.. But I don't think you should waste your time going to the police about it, it a nothing to BIG and they won't do much about it Anyway as you don't really have much evidence to back up what your saying :) besides life's to short to be worrying about things like this, don't worry about it but to answer your question yes it would be classed as sexual assault

    • I'll cut you some slack because you're under 18, and I know you're trying to help, but saying "life is too short to be worrying about things like this" is the wrong thing to say. She was assaulted by another person and has every right to feel whatever she wants to feel. That statement invalidates her warranted reaction to this terrible situation, and may leave her feeling even more confused and may discourage her from getting help. I don't mean to scold you, but I think you should take a second to really place yourself in the shoes of the victim before responding to questions as sensitive as this.

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