If a man has sex with a drunk woman is that rape?

[Anonymous]

If a sober man has sex with a drunk woman is that rape? What if both parties are drunk? Should the man still be charged with rape?

[OfMiceandMen]

Rule No. 1 - Never have sex with a drunk women you are unfamiliar with.

I live by a set of rules and that is definitely one of them. Had a buddy raked over the coals for going back to her place, having sex and even though she was clear with her consent she took it back afterwards, saying it wasn't what she wanted and he took advantage of her.

I tend to stick to my rules and they have served me well over the years.

[inhua]

apparently it is according to the law in some states. there's always plausible deniability when it comes to drunk people.

a lot of cheaters use alcohol as an excuse to justify their cheating. alcohol doesn't actually change morals. it changes behavior, lowers inhibitions and increases confidence in those thinking about doing something they wanted to do when they were sober.

[Anonymous]

Depends on level of drunkenness, depends on if both parties are consenting, depends on a lot of things. It's still considered rape regardless because if you're past a certain level of intoxication, legally you lose the ability to consent. I think the charges should depend on a case-to-case basis.

[nayans]

You must be aware that it may or may not be rape but there is always a risk of you being charged of rape if a man is sober and woman is drunk because the question of consent would always arise if the woman is not sober.

[Summeroflove]

Well. Better just to have sex with your wife and truthfully it wouldn’t be a problem.

[CateM]

If whoever is drunk is unconscious, that would be rape

[AviatorTom]

A woman who is drunk cannot give consent, and consent is required... without it, it can be rape.

[RavVid]

If a woman is passed out drunk on the floor than I would say it is rape. It is however, not necessarily that apparent a woman is quite drunk especially when you have just met her. If the guy has been drinking as well then it is more problematic. Generally in a bar situation this is the case. Quite often girls are getting guys to buy them drinks.

It doesn't help that women are tending to drink more than guys do now.

Women have to take responsibility for their actions. It cannot be that a woman regrets what she did and claims it is rape.

Incidentally in Australia there is a peak in abortions after the Christmas and NYE celebrations.

[genericname85]

if you're passed out drunk behind your cars steering wheel and run over a young family, was it not manslaughter?

[RavVid]

@genericname85 If that is saying there is culpability in getting passed out drunk well yes there is but it is still rape in the justice system. I do know of four instances and the girl took responsibility for it happening.

[genericname85]

yeah i agree. of course the guy fucking her did something wrong. but we should not ignore the responsibility she had in that just cause he did something wrong.

[RavVid]

@genericname85 It is a bit like leaving your car keys in the ignition and being upset someone has driven off with it is a possible analogy.

[genericname85]

yup. i fully agree. don't ignore one persons accountability just cause the other person did something wrong. and most importantly: don't let people try to shift the blame on the entirity of masculinity, which is a highly problematic process happening a lot these days.

[RavVid]

@genericname85 Rape is a particularly ambiguous crime because guys and gals routinely pleasurably have sex together. There was a particularly famous rape case in Australia. A wife wanted to get rid of her husband and arranged for her friend to seduce him. The friend willingly participated in her sexual penetration but when the husband reached the point of ejaculation the friend suddenly, and to the husband unexpectedly, withdrew permission. The husband continued with a couple more thrusts to ejaculate. He was tried and convicted of rape. We know this because the friend confessed to the setup 5 years later. He got a pardon. The point is that even if it had been genuinely as portrayed the friend had a lot of culpability in her "rape". Most people would not consider it rape if it was willingly participated in up to the last two thrusts. Now that is an extreme example. But culpability has a part in a lot of crimes. I might initiate a fight - abuse you and punch you. That I come off worse and you beat the hell out of me doesn't mean my culpability for starting the fight is lessened. A female boss got drunk at a work party and was draping herself over me and making comments about nymphets. She had beautifully firm small breasts that she pressed against me I remember. Despite having the obvious male reaction I did not want to complicate my work environment. Had that occurred at a bar with a stranger girl my response would have been different. It wouldn't be the first time a guy and girl have gone into a toilet cubicle. The girl would have some culpability for what happened in all reasonableness. If that event happened in the privacy of her home or mine it would be at lot more ambiguous. So yes girls have some responsibility and culpability for what happens when they are drunk.

[genericname85]

@RavVid yeah to me all these fringe cases about the girl revoking consent in the middle of it or the day after or even these cases where she claims to have been "passed out drunk" seem to be VERY fishy to me. like i was drunk a few times in my life. tho never so drunk that i could not have noticed someone trying to penetrate my asshole and uttering words signifying my lack of consent for that action. like if you are in the habit of being that drunk, you should probably see a psychotherapist, not a lawyer...

[RavVid]

@genericname85 Only a few times drunk! I think culpability is a good test. Again in Australia, a twenties something guy raped a girl girl under the age of consent. because being drunk meant he wasn't of sound mind at the time meant he got away with it.

[genericname85]

wtf. i disagree with that. like if you rape a minor, it shouldn't matter that you were drunk while doing it but vice versa if you did willfully consented to sex (assuming you were legal age) that you wouldn't have consented to while sober, that's your own iresponisbility, not rape.

[RavVid]

@genericname85 That court judgement that the 20 yo rapist had reduced culpability because he was drunk didn't pass the pub test at all. But it is effectively the same logic that female has no culpability for having sex if she has been drinking. It is pretty crap judicial logic. And as you pointed out earlier if you were driving a car it would increase your culpability. Very stupid.

[FunkyMonkee]

Only if she said she didn't want it and he fucked her, anyway or if she was asleep at the time and couldn't say if she consented or not.

[Drumlin2001]

People have been convicted on the basis of the woman being intoxicated, Ched Evans case comes to mind (though was later quashed).
Not sure I've ever seen a case of a woman being charged for seducing a drunk man

[Phoenix98]

If a woman is passed out then yes it would be rape. But if your both conscious and consenting to it then no.

[megabamse]

Mmmm sex is a Sober game. You don't do that drunk

[gorydetails]

You were likely conceived during drunken sex, lol.

[megabamse]

Not at all. But what im referring to is that people sometimes don't remember what they did when they where drunk, and it can be hard to tell who is that type of drunk. So if you don't remember saying yes to sex. You might get accused of rape and almost no way of proving it was not rape.

[gorydetails]

If I get pulled for drunk driving can I say “I don’t remember deciding I should drive home”?

[megabamse]

What a moronic question that was. It's still an offence no matter how you Twist your question there. Drunk driving is drunk driving. Just because you don't remember it don't mean you won't pay the price. And same goes for drunk sex, just because you remember saying yes don't mean the other one will.

[gorydetails]

So then you’re responsible for your consent to sex, right?

[megabamse]

It takes two to have sex. If you choose to have drunk sex with a drunk person that you accepted the risk's. That also mean you have accepted that the other person might not remember agreeing to have sex. That other person might then belive they got raped by you. And then it's just words against words. And you might go to jail even if you remember both said yes.

[gorydetails]

But you just said that it’s stupid to not remember agreeing to drive. How are you responsible for your actions behind the wheel but not responsible for your actions in the bedroom.

[megabamse]

A law broken is a law broken even if you remember you broke it or not. That is what i mean.

[gorydetails]

And consent is given even if you remember it or not.

[megabamse]

In the eyes of the law they don't give a shit. If no one can prove for a fact it was not rape, then they most likely will believe it was rape.

[gorydetails]

That’s not how the law works, lol.

[megabamse]

Law works with evidence. If you fucked a woman then she have evidence you fucked her. If she then believe it was rape then that same thing can be used as evidence

[gorydetails]

Do you understand how the American legal system works?

[megabamse]

Ok tell me, how can you prove both agree to have sex if one don't remember it.

[gorydetails]

That’s not how this works. How can you prove beyond a reasonable doubt that one didn’t consent.

[megabamse]

And how can you that they did?

[gorydetails]

Consenting isn’t the crime. Non consent is the crime.

[genericname85]

of course that's not rape. unless she clearly stated that she didn't consent with the sex. as long as there's consent, it can't be rape. easy as that. being drunk doesn't take your responsibiltiy away from you when you drunk drive and run over someone. so why should it take away your responsibility when you decide to get fucked?

[UncleBilll]

I don't th ink it should be.. it never was a problem in the past.

[BarryLiverstone]

If he rapes her then yes it’s rape

[LiamJHayden]

Legally in the United States if she is drunk she cannot consent.

[POSSY_HUNTER]

depend on where u are

if you live at highly patriarchal country , like japan for example , police won't give a shit about it

https://www.youtube.com/embed/nAEv5kl99bo

[gorydetails]

I would say if she’s unconscious at the start, yes.

[notwoke]

no, it is not rape unless you beat her up or threaten to. If you are drunk too, she is as guilty as you are. That being said, woke laws don't agree with my opinion and you should stay away from drunk women, (any many sober ones) to keep your life uncomplicated

[In_Trance]

It could be. Gotta be really careful with this.

Jerk off and then see if you still wanna rail her. If you do, jerk off again and then see if you still do.

[QuietRunner]

Most State laws in the USA, say it is rape to have sex with a drunk woman.

Something about her body, not her choice

[MasterKS]

if done it after her 'No' is rape in any sense.

[Anonymous]

Obviously yes.

[Anonymous]

Society says yes but logic says no.

if a drunk male has to be responsible for his choices and actions, then a drunk female should be responsible for hers.

unless of course society believes women are pathetic, stupid, child-minded idiots who can’t make rational choices because they are mentally weak