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My Flatmate Didn't Know That Sex With A Drunk Girl Is Rape

He's smart enough to go to UCL yet thinks that if she she goes to a party and gets drunk that automatically means she wants to get ****ed. How does that work? :call2:

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Reply 1

life.of.pablo

Original post by Truths

He's smart enough to go to UCL yet thinks that if she she goes to a party and gets drunk that automatically means she wants to get ****ed. How does that work? :call2:

Well if the girls up for it, even if she is drunk, it isn't rape.

Reply 2

EricPiphany

Original post by Truths

He's smart enough to go to UCL yet thinks that if she she goes to a party and gets drunk that automatically means she wants to get ****ed. How does that work? :call2:

I think that there are different levels of rape. Some people only think of rape as violent rape, or when the individual involved explicitly says no.

Reply 3

caravaggio2

Sex when drunk isn't rape.
Assuming that somebody wants sex just because they are drunk is a recipe for rape charge though, but that's not what your thread title undereducated was it.

Reply 4

caravaggio2

Sorry, that's infered not undereducated.
Autospell gets more bizarre by the day.

Reply 5

Elivercury

Yes as clearly stated, having consensual sex with a drunk person or while drunk isn't rape. If it was, I imagine 99% of the drinking public would be arrested.

Having sex with a drunk person while you are sober is also not rape - they can either give consent while drunk or they can't, the state of who they give consent to is irrelevant. Picking up drunk people while sober is pretty dodgy in my opinion however.

If the person does not consent, regardless of whether they are drunk or sober, this is rape. If they are passed out drunk, they obviously cannot give consent.

I hope this clears things up for you.

Reply 6

Andy98

It's only rape if they don't want it - or are too drunk to give consent

Original post by caravaggio2

Sorry, that's inferred not undereducated.
Autospell gets more bizarre by the day.

There's an edit button :wink:

Reply 7

caravaggio2

Btw if he is more drunk than her and they both partake, with her riding him round the room like a national hunt jockey, does that still make him a rapist and her a victim or her a sexual assaulter and him a victim?

Reply 8

Truths

Original post by life.of.pablo

Well if the girls up for it, even if she is drunk, it isn't rape.

Original post by caravaggio2

Sex when drunk isn't rape.

Original post by Elivercury

Yes as clearly stated, having consensual sex with a drunk person or while drunk isn't rape. If it was, I imagine 99% of the drinking public would be arrested.

Consent is an act of reason and deliberation. A person who possesses and exercises sufficient mental capacity to make an intelligent decision demonstrates consent by performing an act recommended by another.

http://legal-dictionary.thefreedictionary.com/consent

Reply 9

Asolare

Original post by Truths

You know you can still make conscious, rational decisions when drunk right....

Reply 10

eden3

Original post by Inexorably

You know you can still make conscious, rational decisions when drunk right....

It depends how drunk we're talking :smile:

Reply 11

Andy98

Original post by caravaggio2

Makes him a drunk and her rich :tongue:

Reply 12

Truths

Original post by Inexorably

You know you can still make conscious, rational decisions when drunk right....

I see none of those terms used in the definition of consent. Drunk means to have your mental faculties and capacity temporarily impaired. You can not consent while drunk.

Reply 13

sad_core

Original post by Truths

I see none of those terms used in the definition of consent. Drunk means to have your mental faculties and capacity temporarily impaired. You can not consent while drunk.

MFW the vast majority of us are rapists

Reply 14

Truths

Original post by sad_core

MFW the vast majority of us are rapists

Speak for yourself

Reply 15

sad_core

Stop using that reaction gif.

Reply 16

SMEGGGY

Original post by caravaggio2

Haha

I agree. Just because she's drunk don't mean it is rape as long as she's CONSENTING by saying hey **** me or does not say STOP etc.

Posted from TSR Mobile

Reply 17

sek510i

''Drunk'' isn't a very clear term, in the original post. All parties involved have to have the mental capacity and self-awareness to give their informed consent. If somebody is drunk enough that they consent to something that they wouldn't when sober, then that's where I think (haven't read specific legislation for a while) that the boundary lies.

Reply 18

Rorschach II

And if they were both drunk?

Reply 19

sek510i

Original post by XcitingStuart

And if they were both drunk?

Section One of the Sexual Offenses Act;

''
A person (A) commits an offence if—
(a)he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis,
(b)B does not consent to the penetration, and
(c)A does not reasonably believe that B consents.

(2)Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.

(3)Sections 75 and 76 apply to an offence under this section.

(4)A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life''

I'm not entirely sure what would happen if neither party were sober enough to legally consent. It would quite possibly be ruled to be ''Not in the public interest'' by the Crown Prosecution Service before it got to court, though.