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Original post by biz2b
Actually, if someone can't consent then it is rape.

what if they r both drunk does that mean there is no consent at all does that class as rape or is it like mutual rape
Reply 381
Original post by eternaforest
what if they r both drunk does that mean there is no consent at all does that class as rape or is it like mutual rape


If they are both at the 'non-consent' end of the drunk spectrum, where they are falling over and having difficulties remaining conscious, then I can't see how a mutual act could take place? It requires at least one person to be corpus mentis and dexterous enough to precipitate the sexual act.
Original post by biz2b
If they are both at the 'non-consent' end of the drunk spectrum, where they are falling over and having difficulties remaining conscious, then I can't see how a mutual act could take place? It requires at least one person to be corpus mentis and dexterous enough to precipitate the sexual act.

oh right i thought u was on about just being a bit drunk like halfway between tipsy and absolutely hammered
Reply 383
Original post by eternaforest
oh right i thought u was on about just being a bit drunk like halfway between tipsy and absolutely hammered


Well it depends how you define absolutely hammered; you know there are states in America where sex with a drunk person is absolutely illegal and does count as rape, regardless as to whether they are 'tipsy' or 'absolutely hammered'; I'm not sure how they would implement the law in the case of mutual drunken-ness there.
A 'culture' implies its embedded in our day-to-day activities. and therefore forms part of the definition of who are as a society. Last time I checked, rape was not accepted by western society and yet they feel there's a culture on college campuses.
Original post by biz2b
If she's falling over, losing consciousness or falling asleep, you can be fairly certain you're entering the 'no consent' zone. And if in doubt, don't do it.


But if I were "falling over, losing consciousness or falling asleep" I would still want someone to shag me as long as they were my type. I wouldn't call it rape so you're "fairly certain" hypothesis doesn't work.
Reply 386
Original post by Tell Mincer Yet?
But if I were "falling over, losing consciousness or falling asleep" I would still want someone to shag me as long as they were my type. I wouldn't call it rape so you're "fairly certain" hypothesis doesn't work.


You might, but we're talking about how to judge, in general, whether someone is capable of consent; it's not my hypothesis, it's a rule of thumb used by the CPS.
(edited 8 years ago)
Original post by biz2b
You might, but we're talking about how to judge, in general, whether someone is capable of consent; it's not my hypothesis, it's a rule of thumb used by the CPS.


So its inherently wrong in nature, if the "victim" is so inebriated that they cannot consent then that is automatically drunken disorderly - a criminal act in itself. And because they jeopardize the social gathering and themselves by their very presence with the spectre of rape or allegations of, they should be criminalized.
Reply 388
Original post by Tell Mincer Yet?
So its inherently wrong in nature, if the "victim" is so inebriated that they cannot consent then that is automatically drunken disorderly - a criminal act in itself. And because they jeopardize the social gathering and themselves by their very presence with the spectre of rape or allegations of, they should be criminalized.


You've misunderstood the definition of drunk and disorderly, it's not a crime to be drunk in public - it is a crime to be drunk AND disorderly, the disorderly part involves harassment, abuse or a level of implied violence (anything greater than implied violence would be a more serious crime).

Even if we accept your premise, that the victim is committing an offence ab initio, committing an illegal act against someone who is themselves committing an illegal act, is still a crime. Anyway, this stinks of the same ilk as lines like "she wore a short skirt so was asking for it". You're clearly intent on victim blaming and challenging the victim-narrative. If you truly believe that sexual intercourse with someone who is inebriated to the point of losing consciousness is legal, moral and otherwise acceptable, then I won't be able to convince you otherwise and I sincerely wish you good luck staying out of jail.
Original post by L i b
Sod the Guardian.

Bad people sometimes rape people. That's not a 'culture', that's not got anything to do with gender roles, or people indulging in edgy humour. It's got nothing to do with nightclubs, or dancing, or one-night-stands, sexual promiscuity at college parties, or pornography, or getting off-your-face drunk.

It's simply an evil, criminal act that is beyond the comprehension of the average person. So kindly don't try to associate thousands of decent students with rape simply because they engage in any of the above - perfectly normal - activities.


/thread
Original post by biz2b
You've misunderstood the definition of drunk and disorderly, it's not a crime to be drunk in public - it is a crime to be drunk AND disorderly, the disorderly part involves harassment, abuse or a level of implied violence (anything greater than implied violence would be a more serious crime).

Even if we accept your premise, that the victim is committing an offence ab initio, committing an illegal act against someone who is themselves committing an illegal act, is still a crime. Anyway, this stinks of the same ilk as lines like "she wore a short skirt so was asking for it". You're clearly intent on victim blaming and challenging the victim-narrative. If you truly believe that sexual intercourse with someone who is inebriated to the point of losing consciousness is legal, moral and otherwise acceptable, then I won't be able to convince you otherwise and I sincerely wish you good luck staying out of jail.


I have my legal skills to deal with that and you have not understood my argument. Playing professional victim or perpetual victim is an aggressive posture in itself.
Not that I encountered but I just hung 'round the café

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