Is it rape if the rapist was drunk and the victim was not?

Updates:
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So it is rape because a drunk person clearly knows what he's doing. So if a drunk person understand what they are doing then a drunk woman who has sex clearly knows what she's doing too and therefore it is not rape?
1 y
Another question If a drunk person can't consent to sex is it cheating if a drunk taken man has sex with another woman who is sober?
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Superb Opinion

  • Matt Lauer is in Sochi for Winter Olympics. He is drinking with Meredith Veira (another TV personality) and an Veira's "assistant", Brook Nevils. She was twenty years younger, married and had an amazing body. Lauer left the group, went to his hotel room. He later called Nevils who came up to his room. They had sex (for the first time). Their affair continued back in New York where Nevils would go to Lauer's apartment every week for sex while still working at NBC (with Veira, not under Lauer). After three months, Nevils claims she was raped in Sochi (the first time she had sex) because she was drunk.

    The reality is that this woman, Brook Nevils, was using her mouth, ass, and vagina to secure a promotion in the NBC hierarchy. After three months with Lauer, she realized she was just a fuck toy and Lauer would not help her career so she screams "Rape" three months later and multiple sexual encounters later.

    This is why men don't believe women about rape anymore

Most Helpful Girls

  • I studied an ethical debate about this in an ethics class in college and the perspectives are interesting.

    I think this is highly situational. If you’re trying to force yourself on someone and they say no, it’s rape. No matter who is or isn’t inebriated. If a man is drunk and a girl is sober and she says no, it’s rape.

    if two people are both drunk, able to communicate with one another, and they hookup I don’t think it’s rape. This was called the “problematic” scenario in the ethics class. Some people think it’s rape. The feminist perspective is that it is not rape. In this situation there is equal accountability and women are therefore not weaker-minded and should not be treated as though they’re incapable of making their own decisions. It’s seen as compromising to equality. I also don’t think you can wake up from a hookup that you knew you wanted the night before but regret now and say it’s rape. If you communicated to an inebriated man when you were inebriated that you wanted sex you can’t call it something that it’s not because you regret it, but again it’s situational.

    if she is so drunk she can’t really speak, can’t really move, can’t really relay any true consent this is called an “unproblematic” scenario, because it’s appartment that it is not consensual. This is true for men who are drunk also. You may not be able to have sex with him, but if you’re touching him and violating him when he is in this state, yes I think it’s sexual assault.

    • Thank you. I agree with you. I think a woman who is repulsed by the idea if casual sex with a stranger wouldn't engage in it when drunk either.

    • @marish01 Yes, she would!! Happens all the time!

    • @Jamie05rhs impossible

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  • Yes it is, being drunk does not excuse your choices... however LEGALLY SPEAKING.

    A person who is drunk is unable to consent to sex. That is something the laws and courts have already CLEARLY stated in the USA. This includes men and women, whoever initiates it is responsible, regardless of if they are drunk or not.

    Keep that in mind, cannot consent while drunk but still responsible to every other choice made while drunk. No different than a minor who 'consents' to sex as they can't legally consent.

Most Helpful Guy

  • Alcohol is actually a contributory cause in a lot of crimes, but they are still crimes. Sometimes there will be lighter sentences, but in the very least they will have substance abuse counseling afterward.

    Being drunk may be cause for a contract to be voided, but any crimes you commit are still on you. I get the point you're trying to make, but the law treats sex crimes as something that is done by men, and done to women. If a guy and girl are both drunk, and she wants to term it rape, the guy is going to be screwed. If he's drunk and she's not it definitely is if she says no, and/ or resists. If she's drunk and she's not it could definitely be rape, in the same way that a drugged girl wouldn't be deemed (by the court) as having the ability to consent.

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What Girls & Guys Said

26 71
  • Yes, that is still rape.

  • I don't care how drunk somebody is it's premeditated and still rape that's just like the guy that cheats on his spouse it's premeditated the moment he starts making out with the girl the first thing in his head is I have a girlfriend but he chooses to do it anyway you can't blame alcohol the only person you can blame is yourself because I don't care how drunk you are you have common sense and you just don't care that's what it's all about that's why they do it

    • Don't women have common sense too?

    • Sometimes I believe they have more than just common sense

    • Then they should be more responsible than men

    • Show All
  • only if she didn't orgasm. if she orgasmed, then it's not rape

  • Rape is rape and means non-consensual sex. Having non-consensual sex under the influence of alcohol is rape. However, the rapist's defendant may argue for a lenient punishment under what is called diminished responsibility or mitigating circumstances.

  • If there wasn’t any form of consent then yes it’s rape.

  • Yes it is.

    Being drunk doesn't (or shouldn't) absolve anyone from any responsibility.

    • @ Update: It's not a matter of whether a drunk person is *aware* of what they're doing, it's the responsibility they take to prevent it from happening in the first place. If you are in situation where you KNOW the risks, and you drink yourself drunk, you, as a grown adult, are responsible for what happened to you. Whether you are the drunk perpetrator or the drunk victim. Now, I still think the perpetrator should be the one who gets charged, not the victim... But the victim should be reminded how they played a part in how they got themselves in that situation. That's just my opinion.

  • Was there consent?

    • Not from the woman.

    • Doesn’t matter whether you are drunk; if the other person does not consent, then it’s a sexual battery.

    • Being drunk means not giving consent? Does this not apply to him?

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  • No. It wouldn't even necessarily be "rape" if the victim was drunk.

    It'd only be rape if the victim was blacking out and barely conscious, and he or she couldn't even speak or see properly. But you don't need alcohol for that.

  • Yes because drunk people still know what they are doing.

  • It is rape.

    As for your update, you’re really missing the point. Being drunk isn’t an excuse. If you rape someone while you’re drunk, you’re a rapist. If you rape a victim while they were drunk you’re still a rapist. End of story.

    • Doesn't a drunk person understand what they are doing?

    • It’s not about being drunk. It’s about being a rapist… If you harmed another person it’s still rape. Regardless on whether you were drunk. Being drunk doesn’t change the fact that you raped someone

    • A man while intoxicated understands what he's doing but a woman while intoxicated can't understand what she is doing?

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  • Yes, it is still rape. It doesn't matter who the impaired party is. If you are being forced to have sex you are being raped.

    Yes, it is still cheating if you're drunk & having sex with a non-intoxicated person.

  • Well the main issue is who was in control in the situation. Being drunk by default usually takes you out of control because you can't control yourself as well. But if you manage to force yourself on someone while drunk, meaning they're unable to stop you, well then despite not being in control of yourself you were still in control of the situation. (Like driving. Even if you're not fully controlling yourself, you're controlling the vehicle. That's why you're responsible).

    If the sober person had control of themself (their participation) then you wouldn't be raping them. And if they knew you were drunk and did freely participate, yeah that could be raping you. Depending on stuff of course.

  • if he forces himself on you or you are under age YES!

  • Of course. Rape is rape. Sadly.

  • By today's standards you can consent to sex if you are drunk.

    Is it rape if the rapist was drunk and the victim was not?
  • Yes, even more so! If they wouldn’t of been stupid chances are they could’ve made better decisions. I have a friend whose Brother is doing 40 to life In Mississippi for this exact thing

  • rape is rape... regardless of your blood chemistry at the moment of the crime

  • Of course

  • It is but isn't it really difficult for a guy to get hard if he is drunk?

  • Depends on the sexes involved and the circumstances. No US state has ever held a woman responsible for raping a man, even if he was drunk, drugged or otherwise incapacitated and she was not. In fact, several states have held male rape victims responsible for child support to their rapists, including little boys raped by grown women. Meanwhile, lots of men are in prison and on the sex offender registry for exactly that. There’s also the question of consent. If a drunk man forced himself on someone who clearly did not consent, it’s definitely rape. If a drunk woman did, it SHOULD be rape, but apparently it’s not. So much for the fourteenth amendment, huh?

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