Sexual Relationships
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Since when was drunk sex considered rape? And why?

(Before some SJW calls me a rape apologist, I’m just trying to make sense of the topics of consent and liquor.) I don’t understand how sleeping with a drunk girl is considered rape even when she consents in her drunken state. A drunk person is still held accountable for their actions when they drive a vehicle, why doesn’t that same accountability translate to sex? What if both the man and the woman is drunk when having sex? Doesn’t that mean they’re both rapists? And if drunk sex does equate to rape, doesn’t that make alcohol a date rape drug? Why are we encouraging 21 years olds to ingest a date rape drug for fun around strangers? Wouldn’t it be common sense to discourage people, especially women, from consuming a date rape drug? I think making drunk sex against the law is stupid considering that our nation’s culture glorifies partying, which includes sex and alcohol. It seems like it will just unfairly put more people in jail than necessary. Can someone explain to me why having a law like that is a good idea, because I don’t see it.
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Most Helpful Guys

  • This should answer most of your questions: www.businessinsider.com/can-you-get-convicted-of-rape-if-you-were-drunk-2013-11

    Some excerpts:
    — "A guy can get convicted of rape if he's too drunk to realize a woman is saying no — even if he remembers nothing of the assault or thought the sex was consensual. (And yes, a woman could be convicted of rape in similar circumstances, though the cases are rare.)"

    — "... rape is a general-intent crime, meaning prosecutors just have to prove a rapist was being negligent or reckless. Unlike specific-intent crimes, rape doesn't require prosecutors to prove a rapist specifically intended to rape somebody."

    — "Here is how the Justice Department defines rape: 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."

    — "The law is currently evolving to determine whether a conscious woman who's incredibly drunk is capable of giving consent... this is mostly a theoretical question that has yet to be answered."

  • it's not considered rape unless one of the parties files a report with the police as such

    it essentially is to remove the opportunity for a person to say well they consented (while blacked out or whatever) so it was ok... It is designed so that a person can't roofie someone and say, we'll they consented... despite clearly not being in a clear headed position to make a decision

    • Wait, I thought roofies immediately knock someone out. They have the same effect as getting drunk from Alcohol?

    • they don't immediately and don't always knock you out. they aren't quite the same effect as alcohol. They are a benzodiazepine, so they act as a sedative, muscle relaxer and hynoptic. Taken in a certain amount it only makes you tired but eventually you most likely will passout... so both are sedatives but alcohol also has the effect of altering your mental capacity for judgment... I suppose roofies are similar but instead they just make it difficult to make neural processes

Most Helpful Girls

  • It's a difficult area, but there are definitely cases where people take advantage of other people who wouldn't normally consent but do when they're drunk. I think most people in context would know when someone is genuinely consenting and when they're too drunk to give consent. The general rule should be if you aren't sure, then don't have sex with that person.

    For the record I do also have a problem with how alcohol and especially getting drunk is glorified. It's a very unhealthy relationship to have with alcohol where people go out and drink so much it makes them ill and causes them to be unsafe. I don't drink at all, but of course I don't think everyone should be the same as me. I just think there should be less pressure especially on young people to put themselves in situations where they're at risk because of alcohol

    • You're not one of those people who are like 'She wouldn't have agreed to have sex with you if she was sober, so you raped her', are you?

    • I think if you knew beforehand that she didn't want sex with you, and then initiated sex with her when she was so off her face she couldn't make informed decisions, then yeah. There's also a big issue if one person is underage; they can't consent anyway legally, but if they have been drinking as well then they're very vulnerable and in that situation I don't think it's ever right to have sex with them. The thing is, there's this argument that people give consent when slightly drunk and then claim the other person raped them because they're embarrassed or whatever, which in reality is very, very uncommon. It's far more likely that someone who claims to be a rape survivor is telling the truth, and so they should always be supported and taken seriously. In practice, the right thing to do is if you're in any doubt about whether the person is giving their consent, you should stop.

    • But what exactly do you mean by 'informed decisions'? Because there's a HUGE difference between being drunk to the point where it affects your sense of judgement and lowers your standards considerably, and being so drunk that you can't move and haven't the slightest clue where you are or what's going on. The former is simply a case of the old 'beer goggles' and isn't even remotely similar to rape. The latter is pretty much date raping somebody.

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  • Unfortunately as a woman i have to say that there is a lot of men that will take advantage of a drunk woman. When i was in my early 20's at university i experienced this quite a few times.. but rape i didn't class it as as i had gone home with them and got into bed with them. I stopped drinking after waking up with a guy one morning who was horrible, i couldn't remember if we did have sex (bad i know) but soon knew we had when i felt his cum leaking from me.

  • If both parties were drunk, it's hard to accuse either one of rape if they were both consenting while drunk.

    If they were both drunk and one said no, OR if one was drunk and one was not, I would say it's rape.

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What Girls & Guys Said

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  • Let's all just not have drunk sex with people unless we are in a relationship with them or have a agreed to have sex with them prior to drinking.
    Problem solved.

    • Are you being sarcastic?

    • Nope. @Song4TheBroken

    • Thats a realistic thing that we can expect to happen...

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  • It's not rape if she is drunk but still knows what she is doing and can still act normal.
    It's rape if she is unconcious or so drunk that she can't really walk on her own and talk anymore or if she is throwing up.
    Everything in between is a grey area and depends on how the girl feels about it, how the circumstances were and how drunk the guy was.

  • "A drunk person is still held accountable for their actions when they drive a vehicle, why doesn’t that same accountability translate to sex?"

    *round of applause* You have a really good point with that one. I agree entirely.

  • It depends, if they're beyond drunk to the point where they can't move and aren't even aware of what's going on around them, then it would essentially be rape. If they're just drunk as fuck but are still relatively conscious of their environment, then it's clearly not rape.

  • You make excellent points! I never understood the whole "drunk guy having drunk sex with drunk girl" = rapist guy and victim girl

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