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The legal dictionary defenition of rape:
Rape is the commission of unlawful sexual intercourse or unlawful sexual intrusion.
Lack of consent is a necessary element in every rape. But this qualifier does not mean that a person may make sexual contact with a minor or incapacitated person who actually consented. Lack of consent may result from either forcible compulsion by the perpetrator or an incapacity to consent on the part of the victim. Persons who are physically or mentally helpless or who are under a certain age in relation to the perpetrator are deemed legally incapable of consenting to sex.
What Girls & Guys Said
12 23Gettiung a girl drunk on purpose to have sex with her is rape. If a drunk girl jumps on you and starts humping you thats not rape.. Both people drunk and having sex is not rape. Thats just my opinion on the subject.
Hell no. Being drunk is just an excuse for all stupidites you've done conscious.
If both are drunk then no if he or she is in sense and if any one of you tries any move then it is :p
"incapacity to consent on the part of the victim"
"physically or mentally helpless"
Sounds like a drunk person who isn't actively trying to have sex with you.
fucking males are so stupid about their criminals... offenders are always male so they defend rape
Anyone who says yes here, is part of a growing problem of false rape claims.
If a female is no longer responsible for her actions because she has alcohol in her system (even the most minute amount.) then why are males held responsible for their actions when more times than not, males will be much more inebriated than the female and less likely to use good judgment?
Even a blacked out male who a female decides to ride is still considered the rapist because he was unconscious and couldn't ask her for permission. He is also still responsible for child support if she gets pregnant raping him.
Males should NOT be held responsible for all the stupid decisions of females, simply because we are males.
This is what really scares me about hooking up. This is one the reasons there are lot of passive "nice guys" out there. We're afraid that if we are aggressive/direct sexually we could end up in this situation. If I get drunk with a girl (both intoxicated) and we have sex (she enjoys it and doesn't resist me at all) and she wakes up the next day and regrets it THE MAN IS COMPLETELY IN THE DEFENSIVE. Even if the charges are dismissed and he wins the case this accusation will forever damage his reputation.
There's a line between being drunk and being half passed out, staggering and barely able to make sense. Drunk sex isn't rape, but sex with someone barely conscious and too hammered to fend for themselves is rape.
I love the point that someone gave, if both are drunk they could both be rapists. That sword cuts both ways.
It depends upon the jurisdiction. In California, the Yes Means Yes law makes it clear that this situation would be rape.
that fucking law :P lol