Is it considered rape if...

Question

If 2 people are under the influence of drugs or alcohol would it be considered rape if they had s*x?

What if the guy was under the influence and the girl wasn't?

Answer 1

Possibly; in the UK, the law relating to consent now says that it depends whether the amount of alcohol consumed was such that the victim temporarily lost the capacity to choose whether to engage in the act of s*x or not (s74 Sexual Offences Act 2003). It is a question of fact for each case.

As has already been said, there will be a number of questions to answer. Suffice it to say that the answer is not straightforward to your question.

Hope that helps.

Answer 2

If it wasn't for alcohol a lot of people would not have s*x. lol.

Consenting s*x between 2 adults is not considered rape. If one is drugged (alcohol also) to the point of passing out and the other takes advantage, then it is rape. In your scenario you did not mention age, or incapacitation (passing out). Also, the intoxication or drugs need to be voluntary for it not to be rape.

Answer 3

More cases like this are coming up.  They are very difficult cases.  And I don't care what some woman's rights people may say, a man can be raped.  If a woman is able to claim the scenerio you gave as rape then a man should be able to do the same.  The question ends up being would he have had s*x with her if he was not under the influence?  Did she get him drunk with the intent of being able to have s*x with him once he was intoxicated?  And I'm sure a lawyer would have a hundred other questions.

Answer 4

its a strange question to ask.

but you cant just say that its rape because you or the other person was drunk, although that may have a big sway to whether there is a conviction or not.  usually if the man is drunk then he cant remember exactly what happened or he wasnt in control of himself, so he may be more likely to be charged with rape.

and if the woman is drunk then it may be seen that she had s*x whilst drunk woke up and thought she didnt like what she had done so cried rape. it all depends on the physical evidence (dna,bruising and such) really. other than that its her word against his, so past convictions may come into play. either way, a rape is a very serious allegation and it all depends on the situation to what happens, unfortunately the truth doesnt always win in these cases.

Answer 5

Not if they both agreed to it