If BOTH the girl and the guy are drunk?

Question

If both the girl and the guy are drunk, and they had s*x, and the girl later says she wouldn't have if she was sober, could the man be charged with rape?

Answer 1

in todays society, probably yes, because it was against her will

Answer 2

Unfortunately she may have a case against him, only because of the severe bias against men in the court system.  I have alot of sympathy to women who are genuinely raped but this is not the case.  This is only a case of stupidity.  If she can accuse him of rape because they both were drunk than  why cant he do the same?

Answer 3

Maybe.

If they just got drunk and spontaneously had s*x without discussing it ahead of time, and nobody forced anybody, I don't think there would be much of a case.   They can't exactly both rape each other at the same time, can they?  

In order to commit a crime, you have to intend to commit a crime.  Even a drunk person can tell that someone doesn't want to have s*x if they say "No, get away from me you creep!" (They may not care if they're drunk enough, but whether or not they care that they're committing a crime isn't  relevant.)  But expecting a person who doesn't know their own judgement is too impaired to be making decisions about s*x to realize that someone else, whose judgement is equally impaired, is not able to properly consent, even though they're saying "Yes oh yes!" is unreasonable.  At least, it's unreasonable if they're just 2 random drunken idiots who just met at a party.



But what about this:

Buffy is frustrated that her boyfriend Bobby won't sleep with her because he is religious and wants to wait for marriage.  He has clearly communicated this to her.   Buffy doesn't want to wait; Bobby is so hot!  They have both agonized about this to their best friends ad nauseum until their best friends are sick of hearing about it.  

One day, Buffy e-mails her friends and says that she and Bobby are going to a party that night, and she hopes Bobby gets drunk because maybe then he'll finally stop being such a prude and have s*x with her.  Bobby and Buffy go to the party.  Both of them get drunk.  They have hot drunken monkey s*x.  

The next day Bobby wakes up sober and is horrified by what happened the night before.  He accuses her of rape.  I think he might have a case, especially if someone comes forward with that e-mail.  She knew he wouldn't have s*x with her sober, and deliberately planned to ask when his mental defenses were down.  Therefore, she had intent, and can be guilty of rape.

That is my totally unprofessional legal opinion, based only on what I've learned about law from TV and movies and grade 11.

Answer 4

When is it rape, and if rape has occured, who is guilty?  I think I know the answer to that.

If she is drunk and he is sober-rape, he is guilty, she is not.

If he is drunk and she is sober-rape, he is guilty, she is not.

If both are drunk-rape, he is guilty, she is not.

There you go.  That's how it works with regards to alcohol.

Yes, he can and many men have been.

Actually, to whoever said it above, public drunkenness is illegal, so if she's in public, she's technically breaking the law by being drunk.  That does NOT excuse rape.  However, a lot of them could be prevented if women used some common sense.  I know I'll get thumbs down for saying that, but it's the absolute truth.  A lot of bad things could be prevented if people learned to keep their alcohol drinking down.

Answer 5

My best friend's Dad is a lawyer and I asked him about this. He said that cases like these usually get dropped or settled out of court.

Although if I were the man I would counter sue, because technically he couldn't legally consent to s*x while he was drunk either. He may have been screaming at her to do him now, but it doesn't matter. Someone drunk cannot legally consent to s*x, period. This is assuming both parties were both so heavily inebriated that neither has any recollection of the night and wakes up next to a stranger the next morning. Now if the man is not as drunk as the woman and she doesn't give him a verbal yes, he is clearly taking advantage of her and he should be punished. Or vice versa if it was the woman who's mental capacity was still relatively in tact and the man's wasn't.

And to those of you saying the woman needs to take responsibility when she drinks: F-U-C-K you! Raping someone is illegal, going to a party and getting heavily inebriated is not  (so long as she's 21 or over.)

Answer 6

If a girl went to the cops with an allegation like that she would strongly be encouraged to drop the matter.  I have never heard of a girl charging a guy after something like this.  Most girls would be too embarrassed to say anything cuz society would call them all kinds of derogatory names.

Answer 7

A lawyer explained this to me.   It is not my thinking or reasoning- he said that since penetration happens to the female by the male - that is what makes it rape.    

edit even after I explained this was not MY reasoning- ti gets a thumbs down- got ****** anyone?

Answer 8

Sadly, yes....

Rape is not a laughing matter, certainly, and no woman 'deserves' to be raped....no matter how she dresses or acts.  But they also need to understand and accept that irresponsible drunkenness and reckless behaviour can land them in a world of trouble.  If they are raped, they are still not responsible for it, or deserving of it - but it probably wouldn't have happened in the first place if they'd been more responsible in their behaviour.  The buddy system is a good one - or just responsible imbibing, maybe.

Answer 9

It can happen and it does happen.

Answer 10

Yes but he can make a counter charge, how ridiculous have PC feminists made this serious issue, by making everyone rapists and victims.

Actually ridiculous is the wrong word, they use the bolstered statistics to paint a picture of victimised women and evil men. The "information" is then used to gain access to funding and lobby for special easily exploited laws that discriminate against men.

A well documented example of this tactic........

"When viewed through the PC lens of class oppression, domestic violence is not an act of violence committed by one individual against another. It is an act committed by men that must be correctly understood within the larger context of women's class oppression.

"Prone to Violence" spelled out some of Pizzey's disagreements with that view.

Disagreement #1: Of the first 100 women who entered Chiswick, Pizzey found that over 60 percent were as violent or more violent than the men they were fleeing. In short, a significant percentage of the women were also batterers or otherwise active participants in the violence.

Disagreement #2: Pizzey developed the theory that many battered women were psychologically drawn to abusive relationships and they sought them out. To PC feminists, such analysis was tantamount to 'blaming the victim.'

Disagreement #3: She explained why the existing model of domestic violence shelters was ineffective. PC feminists were attempting then (and now) to secure ever greater financing for these operations. Sandra Horley, director of Chiswick in 1992, reportedly complained, "if we put across this idea that the abuse of men is as great as the abuse of women, then it could seriously affect our funding."

Answer 11

It shouldn't happen, but I'm sure it does.

I believe women should take personal responsibility.  Don't get drunk, or if you do, make sure you are with friends that you can trust to get you home safely.  If you get so drunk that you sleep with someone you wouldn't  sleep with sober, own up to it.  Call it a mistake, but don't ruin a person's life by calling it rape.  

Answer 12

Yes.  His whole future can be thrown in the ditch because of that.  

Answer 13

No. Saying that "you wouldn't have" is not the same as saying "I didn't want to at the time."

In the first scenario, you were foolish, but there was no rape. In the second, it is rape.

However, isn't it time we wised up and stopped getting plastered and then having s*x with anonymous strangers? There's nothing good that come of that. Lot's of bad, like std's, unwanted pregnancies, rape, rape charges, though.

Answer 14

Yes, its possible.  And its possible for the man to attempt to charge her with "rape" if he were making this same argument.  Its up to the police to lay charges - or not - depending on the evidence.

Answer 15

Legally, alcohol/ impairment (mentally challenged, intoxicated, drugged), will get anyone out of a contract.   s*x is a verbal contract between sexual partners.  Rape is when it has not been discussed & concentual.  The "Whoops" has won in courts ... however, I think there needs to be justice for all in matters of willing getting drunk.

Like with willfully drinking & driving (DD), there is responsibility with both sexual partners.  Like with DD if an accident occurs, it's unchangeable (car wreck, property damage, or death) ... so with Drinking & s*x (DS) if an accident (pregnancy, STD's, AIDS) occurs, it's unchangeable.

In short, don't drink in excess if you can't control your sexuality.

________

Extreem:

Necrephilia is the perverted practice of having s*x with dead people.  Having s*x with women who are passed out is a slippery slope into finding an impulse, perversion, addiction, or crime that will lead to necrephillia.  After all, drugging the sexual victum into a coma is a hairline before having s*x with the dead.

Answer 16

She can charge the young man with rape, and all the necessary precautions will be taken to ensure an investigation of the charges are carried out properly. Physical evidence will be collected, a rape kit will be performed, statements will be taken, and he will be booked (sorry to say, but it's true).

Now the only difference between being accused and being found guilty is after the investigation has been conducted and the charges have been made, it's up to either the accuser to chose to take it to court (because she can chose not too), or if law enforcement has enough evidence to push forward with court proceedings. Only the courts will decided if he's guilty of rape of rape or not based on all the test, witness statements, and findings of the investigation.

There have been cases where a woman started out with charging rape after regretting the s*x. But once she realize that she really had no legal leg to stand on she backed out and dropped the charges. It just all depends on the circumstances in which the young man is charged. Sometimes a case makes it too court and gets thrown out due to legal loop holes and technicalities. It doesn't mean that he was not guilty, it just means that either evidence or paper work was not handled properly, or someone recanted their statement.

Rregardless of what many may think, rape still has to be proven in the courts before someone is officially found guilty. And in a case such as the one mentioned, it will be very difficult for the girl to prove her case, for the simple fact that they where both intoxicated. And it doesn't make it any better if she has a history of such behavior either. Because all of that (ever partner she's ever had) that will count against her in her case.