Being taken advantage of while being intoxicated.

[IDefy]

I know someone who recently was drunk and had unprotected sex 3x in one night basically unwillingly. Is this not rape? They refuse to believe it, and they could possibly be pregnant now. How can this not be labeled as rape? Any opinions advice on this?

[Knox]

If she was forced to have sex it was rape. Regardless of how drunk / high she was. If she was WILLING, and is over the legal age, in any way, then it is not rape. (Proving this in a court would be nearly impossible unless you have some type of evidence. Camera, reliable witnesses (Nothing was in them. EX: Liquor), etc etc.)

At the very least you can get a blood test (If she is pregnant) to find the father of the child. If your SURE that she was not willing and you have some type of proof, could take legal action on the other two.

(Remember how it would look in court. A drunk, most likely teenage girl comes back from a party to discover she is pregnant. They WILL be thinking that she is looking for an excuse. It's a simple fact.)

[CelestialBadger]

If she was forced to have sex it was rape. Regardless of how drunk / high she was. If she was WILLING, and is over the legal age, in any way, then it is not rape.

That's...not really true. You not only need to consent, but you need to be of sound mind and capable of making the decision to consent (ie, not in an altered state, drunk). I'm fairly certain that taking sexual advantage of someone who's drunk is considered rape.

[Knox]

Originally Posted by CelestialBadger

That's...not really true. You not only need to consent, but you need to be of sound mind and capable of making the decision to consent (ie, not in an altered state, drunk). I'm fairly certain that taking sexual advantage of someone who's drunk is considered rape.

Orly? I've never heard of that one. I thought that personal responsibility came into play when dealing with, ya know, choosing to drink / get high.

Not to sound like a dick, but where did you hear of this? It seems interesting that a girl who would, willingly, have sex drunk (Not applying to this topic, since she may have been unwilling) is a victim but a girl who would, willingly, drive a car drunk is suddenly not a victim but a problem. Just seems to contradict itself.

[Master.America]

CB's right from what I've heard. If the girl decides, once she's sober, that it was a bad idea, then it was rape. Same thing in the case of a guy (I know a guy who was taken advantage of like that), but in the guy's case, one can't take legal action. I mean, technically you can, but legally, making a rape case out of it is next to impossible.

In any case...

A person who is mentally incapacitated or physically helpless cannot consent to a sexual act.

* If she's drunk, or drugged, or passed out, she can not give consent. This brings to mind the case of Andrew Luster, the Max Factor heir who has been in the news lately. He drugged women and raped them, and said that it was consensual. He figured that any woman that came into his room was consenting to sex. Obviously, this guy just didn't get the whole concept of consent. Now he's in prison, hoping that his cellmate is more enlightened than he was.

http://incestabuse.about.com/cs/dome...guidelines.htm

[Bret]

Originally Posted by CelestialBadger

That's...not really true. You not only need to consent, but you need to be of sound mind and capable of making the decision to consent (ie, not in an altered state, drunk). I'm fairly certain that taking sexual advantage of someone who's drunk is considered rape.

What if both parties were drunk, and were unable to give consent?

[CelestialBadger]

Not to sound like a dick, but where did you hear of this?

From a DA...

What if both parties were drunk, and were unable to give consent?

Depends who has a better lawyer.

[Knox]

Originally Posted by de-loused

Then those both parties are the age of 14 and shouldnt be ****ing around thinking they are 18 and COOL.

Since when is it cool to be wasted? I was recently wasted right now, am I cool?

[x42bn6]

Yes, you do need a sound mind to make a legally binding judgement. Then it's up to the courts to decide whether that person was drunk enough to make a void judgement. That said, anything without consent, drunk or otherwise, is rape. If she was drunk and did it unwillingly, it doesn't mean that she would do it if she was not drunk. *

[Lizardbreath]

That's the biggest bunch of ****ing bs. So a women can get drunk and end up seducing a guy into having sex with her and then get his ass thrown in jail. LOL. That is probably the stupidest thing I have ever heard.

[Knox]

Originally Posted by lizardbreath

That's the biggest bunch of ****ing bs. So a women can get drunk and end up seducing a guy into having sex with her and then get his ass thrown in jail. LOL. That is probably the stupidest thing I have ever heard.

Agreed. Although im sure a guy could do the same thing if a girl "took advantage" of him while he was messed up. But I can't say that I belive any court would rule in his favor. (He was drunk and offered to have sex.)

Sexism ideals exists, mainly on the side of chicks. :/

[Deanoz]

What sounds correct:
If someone gets drunk and gives consent, then it should not be considered rape.
If they think it was a bad idea afterwards, they should have drank responsibly.
Beyond that... I'm too tired to think.

[AZN_FLEA]

if they drunk they deserve it. drinking is a poison people. keep away from it

[Master.America]

Originally Posted by Knox

Agreed. Although im sure a guy could do the same thing if a girl "took advantage" of him while he was messed up. But I can't say that I belive any court would rule in his favor. (He was drunk and offered to have sex.)

Sexism ideals exists, mainly on the side of chicks. :/

Yeah, I know a guy that happened to. He was smashed and a girl (known for her promiscuous behavior and her herpes) took him to her room and did what she wanted with him. Of course, he couldn't take legal action. In fact, he was reprimanded for it by all his friends. His fiance is now merely his girlfriend again. She almost completely dumped him.

Granted people should be considered liable for their own stupid behavior (and being so drunk that someone can have sex with you without your knowing it would DEFINITELY be considered "stupid"), the fact that a guy gets reprimanded where a girl gets pitied is absolutely rediculous. It's called sexual discrimination, and it's just one of the many things that makes our judicial system so corrupt.

[Knox]

Originally Posted by Master.America

Yeah, I know a guy that happened to. He was smashed and a girl (known for her promiscuous behavior and her herpes) took him to her room and did what she wanted with him. Of course, he couldn't take legal action. In fact, he was reprimanded for it by all his friends. His fiance is now merely his girlfriend again. She almost completely dumped him.

Granted people should be considered liable for their own stupid behavior (and being so drunk that someone can have sex with you without your knowing it would DEFINITELY be considered "stupid"), the fact that a guy gets reprimanded where a girl gets pitied is absolutely rediculous. It's called sexual discrimination, and it's just one of the many things that makes our judicial system so corrupt.

Eh, until America gets a dictator with a brain it will stay that way. WATCHA GONNA DO?

[RuneyPoo]

Originally Posted by CelestialBadger

That's...not really true. You not only need to consent, but you need to be of sound mind and capable of making the decision to consent (ie, not in an altered state, drunk). I'm fairly certain that taking sexual advantage of someone who's drunk is considered rape.

Anyone not willing to do something at a party, should control their alcohol. That's my opinion. But I agree, pricks who take advantage of women need to be shot and thrown in with all the gay guys in prison. Show that mother ****er a thing about rape.

[Jiggy]

Originally Posted by Master.America

If the girl decides, once she's sober, that it was a bad idea, then it was rape.

I'm not saying it's ok to take advantage of people while they're drunk, but I don't think a girl should be able to just decide it was a bad idea after the fact. What if it was willing but when she finds out shes pregnant, she claims it was rape... It's a very touchy subject...

[EEX_ca_aok]

That's like saying after going off a ski jump, I decided it was a bad idea, so I sue the ski hill. Idiotic logic. If the girl is drunk, at least half of the time the guy will also be too drunk to know whats going on, but if it gets brought to court the woman will always have the advantage in the case. If you don't want to have unknowning sex at a party, it's called NOT binge drinking. I know. It's a novel concept.

[Tipsy]

This is just my personal opinion, but if the girl freely decides to drink the alcohol and get drunk enough to have sex with those people, she should accept the consequences of her actions. I mean sure, I think its' immoral to take advantage of someone if they're drunk, but if she did choose to drink the alcohol, she needs to accept the consequences.

Unless the girl was drugged, forced to drink the alcohol, or something along those lines and did not choose to become drugged or intoxicated, I really don't think she should be able to charge for rape.

[Laharl]

I agree with Tipsy. If she was slipped some kind of date rape drug then sure. Sue away, but... not if she brought it on herself for drinking too much.