Should drunk sex be considered rape?

Discussion in 'Politics, Religion, Social Issues' started by HarryPot, Feb 7, 2015.

  1. HarryPot, Feb 7, 2015
    Last edited: Feb 7, 2015

    HarryPot macrumors 6502a

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    #1
    I recently watched a TV episode where this was the central topic.

    The situation was two college students having drunk sex (both drunk). Next day she wakes up and doesn't remember what exactly she did, but it is obvious they had sex. She feels bad about it and accuses the guy of raping her.

    I of course know that if just one person is drunk and the other is not it is rape, as it should be. But what happens when both are drunk?

    Right now it seems that men are always on the loosing side with drunk sex. If the woman wakes up and feels bad about what happened, she can always accuse of rape and many would support her.

    I believe that if both are drunk and both are around the same (legal) age, it shouldn't be considered rape.

    What do you think?
     
  2. nebo1ss macrumors 68030

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    #2
    It is getting more and more complicated. Pretty soon you are going to need a signed consent form.
     
  3. Mac'nCheese macrumors 68030

    Mac'nCheese

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    #3
    Pretty soon you are going to want one.
     
  4. SLC Flyfishing Suspended

    SLC Flyfishing

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    #4
    Here's yet another example of a legal and widely used substance that creates so many more problems (when used for human consumption) than it solves.

    I agree, if both participants are drunk enough to not really remember how or what happened; it's tough to assume a crime has been comitted.
     
  5. citizenzen macrumors 65816

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    #5
    This is not rape.*

    *Based on the assumption that they were both drunk and both drunkenly consensual to the act taking place.
     
  6. Huntn macrumors G5

    Huntn

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    #6
    If both parties are inebriated and consent is offered, it's not rape. However, if it can be proven one person is uncontiousness and the other takes the initiative, then it is rape because no consent was given. But, but, that said, if you put yourself in a position where you are not going to remember what happened, then you are responsible for putting your virtue in jeopardy and can't legitimately assume it was rape. Admittedly it could be muttled, she said, he said. :)
     
  7. Technarchy macrumors 603

    Technarchy

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    #7
    Only rape is rape.

    If you're drunk, you tend to do silly things.

    Don't get drunk if the potential risks are too big to handle. That includes ass beatings, falling and splitting your skull, DUI, and rape, or at least sexual activity that didn't go as intended.
     
  8. Zxxv macrumors 68040

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    #8
    no it should be called drunk sex

    unless its rape, which is something very different

    parents teach your children will ya.
     
  9. SLC Flyfishing Suspended

    SLC Flyfishing

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    #9
    I wanted to write what you wrote in the last half of your post. But worried I'd be labeled as anti-woman
     
  10. Huntn macrumors G5

    Huntn

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    #10
    Braced for the assault. ;)
     
  11. xmichaelp macrumors 68000

    xmichaelp

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    #11
    I always find it funny when some people say "Oh, drunk people cannot consent" when they're only referring to women, like it's never their fault if they get drunk and do something they later regret. But yes, drunk sex and rape are two different things.

    While I don't think drunk sex rape allegations are as common as some will have you believe, it is something that happens sometimes.
     
  12. Huntn macrumors G5

    Huntn

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    #12
    There have been reports that campus rape between students is not uncommon.

    Drugs do complicate the situation, but I would hold both sexes to the same standard. For example, you are so voluntarily drunk you don't remember? Your fault, at least you share blame. Any thing less than proof you were taken advantage of while uncontious, or you were fighting back, the "rape" label would not apply. You got so drunk you lost your inhabitions and physically forced yourself on another person? Your fault, "rape" label applies.
     
  13. Meister Suspended

    Meister

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    #13
    72% of the time = "sometimes"?

    http://www.ncbi.nlm.nih.gov/pubmed/15000502
     
  14. LIVEFRMNYC macrumors 603

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    #14
    I disagree. As long as the female is not disabled from being drunk, then a sober man did nothing legally wrong sleeping with her. It's not the man's fault she can't remember. This is of course if she was drunk on her own will. A spiked punch is different cause she didn't ask for that.

    Now if a female is damn near passed out or can't even stand up or walk without help, then sleeping with her is rape even if the man is drunk himself.
     
  15. bobr1952 macrumors 68020

    bobr1952

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    #15
    I've thought about that episode as well (Switched at Birth). Since both adults were drunk, it makes for a very complicated issue. Both parties showing bad judgment would seem to zero out fault.
     
  16. Eraserhead macrumors G4

    Eraserhead

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    #16
    What's the TV show and episode?
     
  17. SLC Flyfishing Suspended

    SLC Flyfishing

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    #17
    What if both of them are too drunk to really know (or remember) how "it" happened, but the woman still wants to press charges that she was raped?
     
  18. Eraserhead macrumors G4

    Eraserhead

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    #18
    I agree with this.
     
  19. HarryPot thread starter macrumors 6502a

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    #19
    Drunkenly consensual. I like that term.:)

    But there lies the problem. People say that when you are drunk no consent can be given.

    Which, as some other post said, it's illogic. If you are old enough to get drunk, then you are old enough to know that getting drunk will make you take irresponsible decisions.

    -----------------------------

    Then there is the "yes means yes" law in colleges. Which basically says that almost any drunk sex is illegal. Go figure.

    Here I found an article debating this "yes means yes" law, stating that when both persons are drunk/incapacitated, the fault is always on the men. Her Reason? Being drunk is no excuse for committing a crime, the analogy she gives is priceless.

    I don't know who she is, but I know that many people (normally women, but quite a few men as well) think the same.

    Link to article.
     
  20. steve knight Suspended

    steve knight

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    #20
    Utah lawmakers question if sex with an unconscious person is rape


     
  21. Meister Suspended

    Meister

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    #21
    If you follow common sense your chances of being accused of rape or being raped are pretty close to nil. Most people are just dumbasses.
     
  22. LIVEFRMNYC macrumors 603

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    #22
    That's the dilemma.

    Even if she feels in her heart she was raped. And even if he feels in his heart that he would never do something like that. Only way for both sides to defend themselves is through making stuff up or friends/witnesses. Eithier way any story from both sides is bogus if both don't remember.

    A friend of mines in the military would make drunk girls give him a hickey before they had sex, so the female can't claim she wasn't participating.
     
  23. Huntn macrumors G5

    Huntn

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    #23
    Not that it could not happen, but I don't see pressing charges for something you don't remember, because that would negate personal responsibility. The male should not be found guilty without some substantial corroberating evidence. And I believe this has happened in college rape accusation cases.

    Note: I really wish my iPad would do a better job of auto spell correction. Some of the crap it comes up with has no connection to the English language, yet it thinks that is what I meant to say? Lol.
     
  24. Renzatic Suspended

    Renzatic

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    #24
    What happens between two piss-drunk people in the privacy of one of their homes is entirely unknowable. They could've had consensual sex, he could've taken advantage of her, she could've taken advantage of him, or they could have both thrown up in each others hair, and passed out without anything happening between them at all. She can press charges, and the police can investigate, but nothing would come of it unless some very damning evidence comes up.
     
  25. HarryPot thread starter macrumors 6502a

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    #25
    This is the show I'm talking about. I don't remember the name of the episode, but it was the last one.

    I see your point. Saying it is rape when she is only barely drunk might be quite harsh. But then when do you put the line of "nearly passed out"?

    As in everything, context should be taken into account. I think if the man is sober and the woman is drunk, and it is clear they didn't knew each other before, it should be considered a sexual assault.

    If they are friends, then the guy is just a really bad friend, but considering it sexual assault would be too extremist.
     

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