The Student Room Group

Why is sleeping with a drunk girl rape?

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So, say a girl was fottaly tucked with alcohol, and you suggest having sex to her. She utters a grunt which sounds like a "yes" or a word to that effect.

You proceed to have sex.

Next morning she wakes up, (quite rightly) feels like a slag, and in an attempt to restore some pride in herself decides she was raped, and proceeds to tell the police that she was, indeed, raped by the man.

Is he guilty?
Reply 41
Original post by Astronomical
So, say a girl was fottaly tucked with alcohol, and you suggest having sex to her. She utters a grunt which sounds like a "yes" or a word to that effect.

You proceed to have sex.

Next morning she wakes up, (quite rightly) feels like a slag, and in an attempt to restore some pride in herself decides she was raped, and proceeds to tell the police that she was, indeed, raped by the man.

Is he guilty?


Erm, yes. It is obvious that when a girl is that drunk that you don't have sex with her. If you are unsure, always err on the side of caution.
Reply 42
Original post by Astronomical
So, say a girl was fottaly tucked with alcohol, and you suggest having sex to her. She utters a grunt which sounds like a "yes" or a word to that effect.

You proceed to have sex.

Next morning she wakes up, (quite rightly) feels like a slag, and in an attempt to restore some pride in herself decides she was raped, and proceeds to tell the police that she was, indeed, raped by the man.

Is he guilty?


film her saying yes for security purposes :cool:
Original post by ForKicks
Erm, yes. It is obvious that when a girl is that drunk that you don't have sex with her. If you are unsure, always err on the side of caution.


But if she gave consent, however slurred it may have been, then she gave consent. That seems to me to be what people were saying is important.
It's only rape if the girl who you shagged didn't like the look of your face in the morning. She fabricates a story, then tells all her friends (and future sexual partners, to be sure), that she was once raped.

Real talk.
Reply 45
Original post by Astronomical
But if she gave consent, however slurred it may have been, then she gave consent. That seems to me to be what people were saying is important.


Inaudible babble is not consent, lol. They need to be in a fit state to give consent, which I think is pretty obvious if they are or are not!
Reply 46
Why can't it be rape the other way round then ? I've been hammered loads of times n found out a girl has raped me when i wake up in the morning lol
Reply 47
Original post by rattyryan
Why can't it be rape the other way round then ? I've been hammered loads of times n found out a girl has raped me when i wake up in the morning lol


It can. Actually, below poster is more precise, it is sexual assault.
(edited 11 years ago)
Reply 48
Original post by rattyryan
Why can't it be rape the other way round then ? I've been hammered loads of times n found out a girl has raped me when i wake up in the morning lol


Because a female can't physically rape a male. At worst, it would have been sexual assault.
Reply 49
And everyone in this thread seems to be under the misconception that no consent = rape. It is only rape if they don't consent, and the "rapist" does not hold a reasonable belief in consent.
Reply 50
Original post by zaliack
Because a female can't physically rape a male. At worst, it would have been sexual assault.


Yes, but at worst? lol. Surely if a woman did anything sexual without the guys consent it would definitely be sexual assault!
Original post by ForKicks
Inaudible babble is not consent, lol. They need to be in a fit state to give consent, which I think is pretty obvious if they are or are not!


But isn't that totally subjective? The girl may at the time think she is in such a fit state, and only change her mind when she sobers up.

Equally the guy might not think she is an unfit state.

Or, even as a third possibility, the man and women might be too drunk to really tell what is happening and it may seem like a fabulous idea at the time.

Personally, I think if a woman gives consent then it's on her own head to deal with the consequences; it's all too easy to decide it was a bad idea in hindsight and "cry rape" so to speak, wouldn't you agree? If the law took this view it may well discourage the aimless binge drinking that usually causes these situations to develop as well.
Reply 52
Original post by zaliack
And everyone in this thread seems to be under the misconception that no consent = rape. It is only rape if they don't consent, and the "rapist" does not hold a reasonable belief in consent.


Yes, but reasonable belief is taken at the moment of sex or just before it.
Reply 53
Original post by Astronomical
But isn't that totally subjective? The girl may at the time think she is in such a fit state, and only change her mind when she sobers up.

Equally the guy might not think she is an unfit state.

Or, even as a third possibility, the man and women might be too drunk to really tell what is happening and it may seem like a fabulous idea at the time.

Personally, I think if a woman gives consent then it's on her own head to deal with the consequences; it's all too easy to decide it was a bad idea in hindsight and "cry rape" so to speak, wouldn't you agree? If the law took this view it may well discourage the aimless binge drinking that usually causes these situations to develop as well.


The law appears to be that at the time of sex, did the girl reasonably consent. Yes=fine, no=rape

As for the 'cry rape' aspect, it does happen but that is the whole point of evidence and trial et al. Not sure of the conviction rate for rape cases, but it is quite low for that reason.
(edited 11 years ago)
Reply 54
Why, because people know their stuff?
Original post by Wenger
Spoken like a true lawyer.


:colone:

He's a medic though

but your point still stands.
Reply 55
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


If someone got you drunk and took all your money, is that theft?
Reply 56
Original post by zaliack
Because a female can't physically rape a male. At worst, it would have been sexual assault.


Well it depends how big their bucket is lol. They could get it in on a floppy hahaha
Original post by Friar Chris
consent is always given, it is not assumed until revoked.


This.
Reply 58
Original post by Astronomical
So, say a girl was fottaly tucked with alcohol, and you suggest having sex to her. She utters a grunt which sounds like a "yes" or a word to that effect.

You proceed to have sex.

Next morning she wakes up, (quite rightly) feels like a slag, and in an attempt to restore some pride in herself decides she was raped, and proceeds to tell the police that she was, indeed, raped by the man.

Is he guilty?


It depends on how many years in prison you want to risk.
Reply 59
Original post by rattyryan
Well it depends how big their bucket is lol. They could get it in on a floppy hahaha


No, lol. Rape requires penetration with a penis. Unless the girl is hiding something..

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