[willbee]

(Original post by Jack93o)
if she's drunk, then she can't say no, if she can't say no, then how could it be rape?


hmmmmmm........


brb going into deep philosophical thought

because she hasn't said yes?

[Jack93o]

(Original post by willbee)
because she hasn't said yes?

[Pitt1988]

I prefer the term 'surprise sex'. I mean, who doesn't like surprises?

[Friar Chris]

(Original post by bad8oy)
surely if she was that drunk then she wont remember anything??????

SO?!

How the hell does that make it any less rape?! By your standards therefore, drugging someone with a date-rape drug is acceptable because 'surely she won't remember anything?'.

Scary.

[willbee]

(Original post by bad8oy)
surely if she was that drunk then she wont remember anything??????

Not necessarily, this is why Rohypnol is so popular...

(Original post by Jack93o)

No, but you may call me Captain Obvious

[Felchingman]

If you're super drunk and if she's super drunk, what is that then? Mutual rape?

[swiftylol]

(Original post by Friar Chris)
Sleeping with a 'drunk' person is not automatically rape. Someone who is inebriated may still be competent to decide upon and indicate their consent.

Sleeping with a drunk person who is so drunk that they are incapable of even indicating (let alone make a decision) their consent or refusal has to be automatically treated as rape if they are aggrieved because they never had the opportunity to decide either way - consent is always given, it is not assumed until revoked.

The drunkenness itself is really not the key factor; it's your understanding of consent and rape. I shall re-iterate: consent is not present in the absence of verbal or physical objection; it is not the default state - it is not something that is there until directly revoked..

It has to be given in all scenarios, and thus if someone is drunk to the extent that they are incapable of giving consent, then intercourse with them is rape.

But how does one give consent?

Saying "Yes" only results after a question has been asked, but people don't usually say "Let's have sex" and then wait for an answer. Not to mention, saying something less direct could be misleading. The boundaries are so unclear.

[Barden]

When I go Magaluf/Napa/etc, I'm just gonna let the girls rape me...

[ThatPerson]

I think that there has to be a difference between slightly drunk and completely smashed. The hard bit for the law is to decide if the person in question was capable of giving consent and that is a grey area.

If someone is so drunk that they can't even stand up, then chances are they won't be able to give consent because they don't know what's going on.

[Alpharius]

If this was the case, every guy that has ever gone out to a night club and come back with a girl (most students) are rapists.

Stupid statements are stupid.

[Friar Chris]

(Original post by swiftylol)
But how does one give consent?

Saying "Yes" only results after a question has been asked, but people don't usually say "Let's have sex" and then wait for an answer. Not to mention, saying something less direct could be misleading. The boundaries are so unclear.

Not my fault, lol... Obviously practically one doesn't ask a very stuffy question the majority of times one has sex, but in the event of the question posed by this thread it's pretty irrelevant - if someone is so drunk they couldn't make a decision and indicate consent or otherwise indicate/demonstrate the lack of it, then any action with them is rape anyway.

[canŵio]

having sex with someone when they're drunk should be illegal and wrong... but i think it should be illegal on both sides - the drunk person (unless spiked etc) should be equally responsible for the situation. unless someone forced the drink down their throat, they are equally responsible for putting themselves in that position.

and i think it shouldn't be about giving consent, it should be about saying 'no'. i don't say 'yes, i consent to you having sex with me' every time i have sex - but if i don't want to, i say 'no'.

[cl_steele]

(Original post by TheCurlyHairedDude)
Lol this. Was at a part a month ago, with this hot girl, about 5am everyone absolutely ****ed going to bed, and not sure but we ended up naked and she wanted to have sex, so I said yeah, she said get a condom lol but I couldn't get hard it felt like I was raping her man, was too easy......

cool story bro.

[moonkatt]

(Original post by Friar Chris)
Sleeping with a 'drunk' person is not automatically rape. Someone who is inebriated may still be competent to decide upon and indicate their consent.

Sleeping with a drunk person who is so drunk that they are incapable of even indicating (let alone make a decision) their consent or refusal has to be automatically treated as rape if they are aggrieved because they never had the opportunity to decide either way - consent is always given, it is not assumed until revoked.

The drunkenness itself is really not the key factor; it's your understanding of consent and rape. I shall re-iterate: consent is not present in the absence of verbal or physical objection; it is not the default state - it is not something that is there until directly revoked..

It has to be given in all scenarios, and thus if someone is drunk to the extent that they are incapable of giving consent, then intercourse with them is rape.

The only thing missing from this statement is an /thread

[ThisIsTheLife]

I don't understand it either.

They consented to getting drunk enough to no longer be able to give consent at the time, and it's not like they don't KNOW that if you get drunk out of your mind you might well end up in bed with a stranger.

In my opinion, they almost give consent by extension in that they give consent to get that drunk, and give consent to accept the risks that come with getting that drunk.

I'm not saying that all excessively drunk girls are fair game for rape, I'm just saying that if they were in a vulnerable position, it's because they CHOSE to put themselves into that position.

[Iron Lady]

(Original post by bad8oy)
surely if she was that drunk then she wont remember anything??????

What the actual ****?

[ForKicks]

(Original post by moonkatt)
The only thing missing from this statement is an /thread

Indeed. How the thread is still going is beyond me! It's quite obvious, just don't sleep with anyone who is too drunk to consent!

[MancStudent098]

(Original post by rock_climber86)
nothing wrong, just used cos only on tsr would someone be so geeky to quote an actual law from a government website - found it somewhat amusing

Yeah, I mean why would you want to refer to the law when deciding whether something is legal or not? Much better to just make some crazy **** up and then argue about it.

(Original post by swiftylol)
Saying "Yes" only results after a question has been asked, but people don't usually say "Let's have sex" and then wait for an answer.

I think the courts are fairly happy with the idea that (in this specific context) consent can be implied without the need for anyone to actually sign stuff first. It's normally pretty obvious at some point before any penetration actually occurs whether the sex is consensual on the part of either person or not. Tbh the guy with the "if it feels rapey, it's probably rape" comment had this thread sewn up a long time ago.

As for the thread in general, I'm not aware of any successful prosecutions where the girl had had 1 shandy and then claimed her consent was invalid. The ones that have been covered by the press involved women who were essentially comatose. Strangely there are less threads on whether sex with a women who is out cold for non alcohol related reasons is still rape, apparently for some reason that is a clearer distinction.

[Ham22]

(Original post by johnadams121212)

If you get so drunk that you are no longer responsible for your actions, why should someone else be responsible for them.

What in the name of holy hell are you taking about? If you are forcing yourself on someone who is blind drunk, those are YOUR (not their) actions. On spying a drunk person, YOU (not they) are still responsible for yourself, and you do not have the right to do as you please because they are drunk.

If you feel like a physical fight and go out and assault a drunk person because they are an easy target as they are incapacitated, due to being intoxicated, those are YOUR actions. The blame would lie squarely with yourself and not the drunk person.

Is this how you get laid op?

[LavenderBlueSky88]

Sleeping with a girl who is drunk isn't rape. Raping a girl who is drunk is rape.

Basically boils down to whather the girl agrees to have sex. Simple really.