Current Events > Is it rape if a person is drunk and consents to sex?

(+) Yeah! (+)

Topic

Drunk people can't consent to sex.
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According to liberals, is the person consenting a male or a female?
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As long as the proper paperwork is in place and the consent form is signed, I may proceed to crush her pussy.
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what happens if lesbians get equally drunk and have sex?

_Near_ posted...

Drunk people can't consent to sex.

See, I honestly think this is bullshit. So, if you're drunk and you decide to fuck some ugly dude at the bar and regret it that morning it was rape and you aren't responsible for your actions. But if that same drunk chick got into her car, crashed into a school bus and then passed out she would be crucified and sent to prison.

How are you not responsible for your actions while drunk in one situation but are in a different one?
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APM posted...

According to liberals, is the person consenting a male or a female?

Don't generalize us, thanks.
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I think it depends.

if it's a buzz, I don't think so, but if you're pass out drunk, you sometimes agree to stuff that you might no necessarily mean
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There's such a huge difference between 3-4 beers and 10+ or something. At 3-4 beers though, I personally might lower my standards and kinda regret it. But it'd be a fully conscious decision.

I think a lot of the problems you run into in college are with the kids who had exposure to alcohol pre-college and those who definitely did not and they aren't used to pacing themselves.
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But drunk sluts gonna slut.
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No if they're a man

Yes if they're a woman
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nope... it doesn't fit with me if they're too drunk. buzzed is okay if consent given.
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what if the guy consents first, then gets drunk?

thats what i did to my bf at his birthday. after the party we went to my house, and got him drunk (not "i dont know my own name" drunk, but he coulndt legally drive.) and then i had sex with him.
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Yes because the person was not fully aware of what was happening and could not reasonably give consent.
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Drunk is a vague term with unclear implications.

Incapacitated by alcohol is an appropriate term and describes the vast majority of alcohol related rape. People who are either fully unconscious or unable to voice consent or lack thereof. If she literally cannot say "no", it's rape.

Despite what tumblr or /r/mensrights says, meeting a girl at a party and drinking with her until she is no longer safe to drive a car but can have a conversation with you, then having sex that she enjoys and is clear about enjoying throughout, is neither damaging to her nor a significant risk to you of being accused of rape.

A tiny subset of women have accused men in such scenarios of rape--those cases are not the norm.

It is important to maintain communication with a partner who has been drinking though.
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It depends. If the person is blackout drunk and incoherent and you have sex with them, then yes, that would be rape.

If they are just drunk/inebriated then not really. People have sex like that by the bucketful all across the world.
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In canada thats a yes by law

MuayThai85 posted...

_Near_ posted...

Drunk people can't consent to sex.

See, I honestly think this is bullshit. So, if you're drunk and you decide to fuck some ugly dude at the bar and regret it that morning it was rape and you aren't responsible for your actions. But if that same drunk chick got into her car, crashed into a school bus and then passed out she would be crucified and sent to prison.

How are you not responsible for your actions while drunk in one situation but are in a different one?

Because in one case the person is a victim and being influenced by someone else.

Someone drunk driving and crashing isn't a victim, the blame is all on them
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either way, the law should be updated to be accountable for protecting both women and men

both can be taken advantage of when significantly intoxicated
it doesn't really make sense for it to only apply to one gender...
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It depends really

If they are completely **** faced then it's not really a good idea but if they are halfway tipsy and you are both making out then I would say it's okay

It just comes down to a judgement call. Any rational human being would know when to stop...but those are a dying breed evidently.
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Inebriation doesn't negate responsibility.

if both people consent, it's not rape. doesnt matter if one or both are drunk or not.
if one is drugged or absolutely hammered, thats another story
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Look the truth is...."How drunk?"

Cause you can be tipsy or even straight up drunk and still know what the fuck you're doing. But if you are shit faced shattered, slurring your words, can't walk, then you are in no condition to consent to penis. Morally it's pretty easy to define the difference when you're in the situation. Don't ever take advantage. But legally? Maybe we need breathalyzers or some shit.
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What if both are drunk? Who got raped? Would they believe the female over the male? How do you test if you were drunk after the fact?
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Naysaspace posted...

In canada thats a yes by law

What does Canadian law say about both people being drunk?

thronedfire2 posted...

MuayThai85 posted...

_Near_ posted...

Drunk people can't consent to sex.

See, I honestly think this is bullshit. So, if you're drunk and you decide to fuck some ugly dude at the bar and regret it that morning it was rape and you aren't responsible for your actions. But if that same drunk chick got into her car, crashed into a school bus and then passed out she would be crucified and sent to prison.

How are you not responsible for your actions while drunk in one situation but are in a different one?

Because in one case the person is a victim and being influenced by someone else.

Someone drunk driving and crashing isn't a victim, the blame is all on them

But if said person is equally or more intoxicated then who is the victim? Why is it automatically the female that's the victim?

All it takes is a drunk chick deciding she regrets fucking you, even if she was the one who came onto you and you were just as drunk, and your life is over. It happens all the time in the US and it's a real problem in colleges and universities right now. Multiple cases of guys getting expelled from school for some drunk chick fucking him even after they proved she instigated everything and kept insisting.
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No. Bodily autonomy and individual agency is no more suspended when consenting to drunken sex than it is when drunkenly getting behind the wheel of a vehicle or beating ones children. Individuals don't suddenly have the accountability of minors when intoxicated.
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As long as they stay conscious and don't tell you to stop, then yes.
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gguirao posted...

Yes because the person was not fully aware of what was happening and could not reasonably give consent.

If youre not responsible for your actions while drunk, then by that logic we should let drunk drivers who have killed someone while under the influence out of prison.

mvillanueva88 posted...

What if both are drunk? Who got raped? Would they believe the female over the male? How do you test if you were drunk after the fact?

I'll be honest, this is a serious question I have. I've had a one-night stand where we were both fucking trashed, not blackout but pretty drunk. We didn't start hooking up for a couple hours after our last drinks and the conversation we had was lucid, no throwing up or anything. But we were still really drunk.
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I wonder what Yes voters would say to those who insist they've consented to sex whilst drunk, whether they be male or female.

Would they say those people are mistaken? They don't know any better? Would they teach them how they are in fact, a victim?

How nice and kind.

YourDrunkFather posted...

No if they're a man

Yes if they're a woman

Supposedly this is based on the greater physical strength of men over women.

But what if it's Xena, warrior princess and Ben Boykewich from "Secret Life of the American Teenager", and they are equally drunk? Do we still say that this stickman:
https://tv-fanatic-res.cloudinary.com/iu/s---E61ScVj--/t_full/cs_srgb,f_auto,fl_strip_profile.lossy,q_auto:420/v1371221200/ben-boykewich-photo.png

raped this Amazon:
http://i.dailymail.co.uk/i/pix/2016/07/23/13/368782D600000578-0-image-m-26_1469276530179.jpg
?
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Two drunk people having sex is not rape.

Someone fucking a blacked-out drunk person is rape.

Not really that hard.

Rika_Furude posted...

if both people consent, it's not rape. doesnt matter if one or both are drunk or not.
if one is drugged or absolutely hammered, thats another story

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Darkman124 posted...

Drunk is a vague term with unclear implications.

Incapacitated by alcohol is an appropriate term and describes the vast majority of alcohol related rape. People who are either fully unconscious or unable to voice consent or lack thereof. If she literally cannot say "no", it's rape.

Despite what tumblr or /r/mensrights says, meeting a girl at a party and drinking with her until she is no longer safe to drive a car but can have a conversation with you, then having sex that she enjoys and is clear about enjoying throughout, is neither damaging to her nor a significant risk to you of being accused of rape.

A tiny subset of women have accused men in such scenarios of rape--those cases are not the norm.

It is important to maintain communication with a partner who has been drinking though.

More or less this, I guess.

I'm not going to entertain the notion that I've raped my wife, for example, just because she came home intoxicated and looking to bone after she had some drinks on a night out with her girlfriends.

That's not the same as humping some chicken who's passed out in a pool over her own vomit. Or climbing naked into the shower with a drunk chick who's throwing up her guts.
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It's not rape unless you're blackout drunk.

This is common sense, and it's been common sense forever.
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It depends on how you define "Drunk".

weapon_d00d816 posted...

It's not rape unless you're blackout drunk.

This is common sense, and it's been common sense forever.

It's not rape if someone is "blackout" drunk either. There was a case a few years ago in which a woman alleged that she was raped by a fellow student after they both left a bar. Video of the "rape" turned up on social media showing the woman conscious and enjoying the encounter (he was performing oral sex on her in public). This woman claimed to have blacked out the entire incident. A grand jury refused to indict and the prosecutor defended the grand jury, stating that such an encounter is not rape even if one of the partners black out. There's also case law that has ruled against this type of sex being rape. See Iran Doss.

http://www.sconet.state.oh.us/rod/docs/pdf/8/2008/2008-ohio-449.pdf

Not sure honestly

You cant consent to a contract while under the influence

But then again, for w/e reason, the drunken person could regret it and scream rape

Prob best not to hook up w strangers completely wasted
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I voted yes in the case of one person being drunk to the point that they can't even perform simple tasks like walking, talking, driving, or just plain staying awake while the other person is completely sober.

If two people are drunk and they both consent in their drunken state, it isn't rape imo.
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This girl once called me when she was drunk to come over

But my friend said not to because shes super drunk and didnt want me to take advantage but she kept pestering with text messages

Then in the morning she said yeah I was really drunk but I do remember texting you all that.

I shoulda came and smashed >___>
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Context is everything. If one person is drunk and wouldnt normally have sex with the other person, and the other put them in a position to get drunk so that itll happen and it does happen, I would normally point that to rape (maybe not if the other person was only tipsy and was basically completely willing).

If one person is passed out due to drinking, yes thats rape. If one person can barely stand or speak because of alcohol, yes thats rape.

Two people can be drunk and have sex, as long as one isnt far more drunk and/or getting to the heavy drunkness listed above.

I generally dont like the idea of one person being drunk and the other sober, because regardless of level of inebriation, the victim could always paint it as rape if they were drunk. So thats more of a personal situation I wouldnt want to be involved in.
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Literally? Yeah duh.

Legally, the "drunk women can't consent" is primarily written to protect people from a common form of rape. Get them too inebriated to resist and then assault them.

Obviously if two people who are into each other have sex after a few shots, they arent raping each other.
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2SweetforTurtle posted...

I generally dont like the idea of one person being drunk and the other sober, because regardless of level of inebriation, the victim could always paint it as rape if they were drunk. So thats more of a personal situation I wouldnt want to be involved in.

i tend to think that the most common scenario is not any of what we're talking about, but rather goes something like this:

girl goes out and wants some liquid courage so she gets somewhat drunk
goes home with person who she wants to go home with who is also somewhat drunk
person goes farther than she wants to go
she could consent to sex, but doesn't--but her ability to resist/say no/etc is reduced because she is drunk

which is to say, "normal" rape, but of a victim whose ability to resist is compromised. later, the person who raped her might say "she didn't say no" and i think a lot of the effort is to push against that being enough of an effective defense

it's not really that she's drunk, but that there was not consent
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hmmm I wonder what inspired this topic...

IS the accused also drunk?
If theyre both not in the right state of mind then not sure how that one plays out
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And people say there is no such thing as rape culture. Disgusting.
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Raikuro posted...

what happens if lesbians get equally drunk and have sex?

Then they both get raped, but neither is a rapist.
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Nazanir posted...

Raikuro posted...

what happens if lesbians get equally drunk and have sex?

Then they both get raped, but neither is a rapist.

what if one is a male and the other is a female
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If they are passing out drunk, then and only then, yes.

If you are able to consent, it's not rape just because you placed yourself under the influence of a substance.
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As long that person stays awake. If she says yes, then passes out i guess its a rape if guy still has sex with her.

Otherwise its sure as hell isn't rape. You are responsible for your actions if you drunk drive, so sure as hell its the same for everything else you do while drunk.
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