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Is Drunken Sex Rape? Can I Yell Rape Too If I Were Drunk?
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Posted 10/20/15

Frenzify wrote:


lambofgenesis wrote:


he's not a creep he's just trolling ^^


Come on. It's PV. Of course he's a creep. But he's our creep.


Y-yeah!..... (I think )
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Posted 10/20/15

Backflip_2003 wrote:


Ryulightorb wrote:

if a girl comes onto you whilst drunk and both of you consent to sex then she says no and you DO stop.

She could still in theory say the next day you raped her because she was drunk and wasn't thinking straight or lie.

....this shit does happen so i just want to say if a girl comes onto you whilst she is intoxicated don't fuck her even if there is consent for your own sake!


Now my question is... what if the SO consented before whilst being drunk to sex and told the guy to have sex with her even if she passed out (unlikely i know but for the sake of the arguments lets pretend this is so).

Is the guy in the wrong for having sex with her when she passes out as he did have permission?

i'm not sure what you would class that as ..rape with consent? that doesn't make any sense


In that case it would still be rape because they were drunk meaning they could not give consent.

For the people that really are not sure what to do I'd say watch this https://www.youtube.com/watch?v=3sOXN_80ohM

I mean honestly if they were at your place you can both just sleep it off first and pick things up in the morning. Also if you meet at a club or something just get their number then call the next day. If they don't remember you then they would have been to drunk to give consent and if they remember you just ask them out on a date.



What i meant by that is if they consented before they got drunk.

Just thinking as my ex and me once made a deal where we would have drunk sex and if one of us falls asleep we agreed to still continue tmi but i'm just curious what that would become classed as since you did decide it before getting drunk.
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26 / M / Your friendly nei...
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Posted 10/20/15
Life is rape
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27 / M / Long Island
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Posted 10/20/15
If one person is drunk, I'd say it is. From my experience, you don't always have the best judgement when you're drunk, so you're sometimes willing to do things you wouldn't otherwise. In my opinion, the sober person has the responsibility to not let it happen. If you're both drunk than you're presumably on the same level mentally, so the blame can't be put on one person.
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Posted 10/20/15
Being drunk and regretting the sex you had does not constitute rape.

Wasted? Different fucking story.

If you don't know the difference between drunk and wasted, you shouldn't be fucking touching alcohol.

http://www.ndaa.org/pdf/pub_prosecuting_alcohol_facilitated_sexual_assault.pdf


Rape occurs when the defendant has intercourse with someone who is “physically helpless.” In these jurisdictions, the prosecution can show that the victim was intoxicated to the point of being physically helpless because she was unconscious, unaware that the intercourse was occurring, physically powerless, physically incapable of resisting, or physically disabled due to intoxication.




This topic is fucking painful to read.

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Posted 10/20/15 , edited 10/20/15
People make bad decisions when cutting too loose after drinking. They are held to be responsible for those decisions and deal with the consequences the day after. Sex is no different. You can't blame other people if you are equally or more at fault just because you're a woman and it's sex. You deal with it the same way you deal with spending too much money while drunk, cleaning your vomit off your floor in the morning, etc. You don't get to retroactively say you made a bad decision so the other person is the one to blame.

The other person doesn't know what's on your mind. They only know what words come out of your mouth and what actions you perform. You're responsible for your own decisions unless someone drugged you or something. Whether or not the other person drank has nothing to do with the fact you drank, communicated with them a certain way, and made your own decisions.

Let's say one person in a group doesn't drink but everyone else does. One person who drank drives them home and causes an accident. How is this the fault of the non-drinker? If you are going to blame others and not handle yourself with a bottle in front of you, you should not drink. That's very simple.
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Posted 10/20/15

PrinceJudar wrote:

Being drunk and regretting the sex you had does not constitute rape.

Wasted? Different fucking story.

If you don't know the difference between drunk and wasted, you shouldn't be fucking touching alcohol.

http://www.ndaa.org/pdf/pub_prosecuting_alcohol_facilitated_sexual_assault.pdf


Rape occurs when the defendant has intercourse with someone who is “physically helpless.” In these jurisdictions, the prosecution can show that the victim was intoxicated to the point of being physically helpless because she was unconscious, unaware that the intercourse was occurring, physically powerless, physically incapable of resisting, or physically disabled due to intoxication.




This topic is fucking painful to read.



That same literature says:


Either statute or case law specifically outlaws having intercourse
with a person who is too intoxicated to consent.33 In these states,
the victim’s intoxication negates the element of consent, thereby
showing that the sexual act occurred without consent.
• Rape occurs when the defendant has sexual intercourse with a
person who is “mentally incapacitated,” which is generally defined
as being rendered temporarily incapable of appraising his or her
conduct due to the influence of a narcotic, anesthetic, or other
substance. In these jurisdictions, the prosecution generally must
show that the victim was “mentally incapacitated” or “mentally
incapable of resisting due to drugs, alcohol, or an anesthetic.”34


I'd be interested in knowing if someone charged with rape, in these situations, can charge the "victim" with rape, in return... if both parties were intoxicated. Yep... this is when shit gets stupid.
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Posted 10/20/15

HolyDrumstick wrote:

I'd be interested in knowing if someone charged with rape, in these situations, can charge the "victim" with rape, in return... if both parties were intoxicated. Yep... this is when shit gets stupid.


Pretty much
Posted 10/20/15

PrinceJudar wrote:


HolyDrumstick wrote:

I'd be interested in knowing if someone charged with rape, in these situations, can charge the "victim" with rape, in return... if both parties were intoxicated. Yep... this is when shit gets stupid.


Pretty much


So in your opinion, the difference between rape and not rape is how intoxicated one is? Like pass out and then lowered judgement? Interesting, I never drank before. Though it reminds me of a scenario in kissxsis where the main doesn't remember what he is doing after he has drank. Would it be considered rape if he doesn't remember but likes to press charges?
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Posted 10/20/15

PeripheralVisionary wrote: One of the reason I worry is because women will literally scream rape if depending on who the person they slept with was. Rape accusations don't need to rest on how handsome the guy is.
if its a lady that likes her wine then I can see this comming but else its not really how "handsome" a guy is its more about how do they deal with it and if able to change their mind (even the darkest things can be accepted.. ugh *breeze* think I should go now )...

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Posted 10/20/15 , edited 10/20/15
What about if before having sex, you took the time to sign a contract with the other party, to tell the whole world that the two of you are willing to get it on? You know, like marriage.

It's awful consequences like this to "free love" that make me really glad to be Catholic. Doesn't stop you from doing stupid/terrible things, but at least it warns you against them rather than encouraging you to be an epic playa getting with lots of gals.
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Posted 10/20/15
If you know you fuck up while gettin drunk, why allow yourself to drink to that point? Anyways, nah, I don't consider it rape.
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Posted 10/20/15 , edited 10/20/15

ashrowley wrote:

What about if before having sex, you took the time to sign a contract with the other party, to tell the whole world that the two of you are willing to get it on? You know, like marriage.

It's awful consequences like this to "free love" that make me really glad to be Catholic. Doesn't stop you from doing stupid/terrible things, but at least it warns you against them rather than encouraging you to be an epic playa getting with lots of gals.


A very drunk person can sign like a sober one. In these cases, a contract signing won't help because their "consent" in such a condition apparently doesn't even count. They are unable to give it because the law won't recognize it. Signing while drunk doesn't seem to work around this.

It also sort of strikes me as odd that they would even do this. It's not like people who gave consent and recognize that they gave consent will sue each other for rape. It just boils down to examining whether someone was intoxicated or not. If not, then you examine whether or not there was consent. If they were, then it's just no consent.
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Posted 10/20/15
Really old topic. Here goes.

PV, it ain't cool to take advantage of a drunk chick. Period.



If both parties are trashed, both sides are to blame. Consent is something that's given, not taken.

On a side note, there are countless false rape accusations every year.

Gentlemen, don't do something you'll regret later. Just get drunk with your friends and be safe.
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Posted 10/21/15

Morbidhanson wrote:


ashrowley wrote:

What about if before having sex, you took the time to sign a contract with the other party, to tell the whole world that the two of you are willing to get it on? You know, like marriage.

It's awful consequences like this to "free love" that make me really glad to be Catholic. Doesn't stop you from doing stupid/terrible things, but at least it warns you against them rather than encouraging you to be an epic playa getting with lots of gals.


A very drunk person can sign like a sober one. In these cases, a contract signing won't help because their "consent" in such a condition apparently doesn't even count. They are unable to give it because the law won't recognize it. Signing while drunk doesn't seem to work around this.

It also sort of strikes me as odd that they would even do this. It's not like people who gave consent and recognize that they gave consent will sue each other for rape. It just boils down to examining whether someone was intoxicated or not. If not, then you examine whether or not there was consent. If they were, then it's just no consent.


Apologies, I wasn't being quite that literal about a contract, so much as sarcastically remarking that this would not be so big of a problem if people stuck to having sex with spouses or at least long-term partners.

Side note in case it gets brought up: I know rape can still happen inside that context, but the main theme of this thread appears to be about avoiding false rape allegations, and I can't think of any better solution than not having sex unless it's in the context of a trusting relationship. Do you need to have sex so badly that you're willing to do it with someone you don't really trust and take all the risks that come with that?
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