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

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?

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Superb Opinion

  • 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.

Most Helpful Guy

  • 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.

Most Helpful Girls

  • 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.

  • 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.

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What Girls & Guys Said

2 21
  • Well. Better just to have sex with your wife and truthfully it wouldn’t be a problem.

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

  • If whoever is drunk is unconscious, that would be rape

  • 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.

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

    • @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.

    • 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.

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  • 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.

  • 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

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


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

    • You were likely conceived during drunken sex, lol.

    • 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.

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

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  • 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?

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

  • If he rapes her then yes it’s rape

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

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

  • 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

  • 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.

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

    Something about her body, not her choice

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

  • Obviously yes.

  • 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

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