There's a wild party going on.Two people have sex with each other that night. One is only tipsy, the other is drunk. The drunk person later claims (s)he was raped. The partner says it was consensual. You think it's...
Well it really depends on a case by case basis - was the defendant trying to get the other person drunk? Do they recall knowing that the other person is significantly more drunk than them? Etc.
If they're both drunk (tipsy is subjective), then it's not rape as far, as far as I'm concerned.
They shouldn't have been drinking.
The man has committed rape
If you are drunk you are legally UNABLE to give consent.
So what if both people are drunk (whatever the definition of that is) so no one gave consent and you get charges for raping each other?
As long as they voluntarily become drunk and then voluntary had sex, no rape occurred.
If they're too drunk to consent, they can't consent...
It's just hard to prove how drunk is too drunk.
It's rape to both parties because people under the influence can't consent.
I've got a question for yall, if the drunk person gets in a car and drives, should they be consequence free? Just a thought, don't freak.
...time to stop asking this question. The answers never change.
From a legal perspective, this is rape as somebody who is drunk is unable to give consent as it is legally defined.
innocent til proven guilty. I am very much against rape, but there needs to be a trial first before determining if it was consensual or rape.
Eh both were drinking. Although I’d side with the girl. I’ve found Men are aggressive and will take advantage of a woman when drunk.
So both parties were drinking......
There are way too many variables to make this call. Drunk and unconscious - clearly rape. But you can be intoxicated and give consent - it is all a matter of degrees. Working in the emergency medical field - people can give consent with a certain degree of intoxication.
A drunk person is not able to properly give consent
*I* can give consent at .08.
I don’t think someone who is impaired can consent. To anything. Same night, can either consent to drive, sign a will? How about be reliable witnesses. Why would anyone want to have sex with someone, who is obviously drunk? And for their 1st time? It’s not okay.
It is *really* dependent on just how drunk we're talking about. I'd err on the side of caution and say it was consenual if it was merely just drunk, but if she was utterly black out drunk? Rape. A person in that state is utterly incapable of giving true and informed consent. The tipsy person has their faculties in some order. A blacked out or heavily drunk person does not. This is why I always tell people that if they're basically as responsive as a corpse, don't fuck them. Don't even go near them.
Assume (s)he is conscious.
Taking advantage of a passed out drunk is rape.
From personal experience (yep, I've gotten drunk many times) I still knew what I wanted, or didn't want to do.
I'd say it was consensual.
If however you know that when drunk, you change then... don't get drunk.
So if you were drunk and knew you didn't want to have sex, but woke up knowing you did. Can't imagine you would think it was consensual
Being drunk doesn't mean being incapacitated. At least not for me.
You could ask me to jump off a cliff after feeding me a gallon of wine, I still wouldn't do it.
So given your experience with being drunk why wouldn't you believe the girl?
Because there is no way I'd take advantage of her.
All's fair in love and inebriation.