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Is it rape if...

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If the amount of alcohol that a male has brought him past the point where he can consent to sex then it has also brought him past the point where he could function.
Reply 61
It's rape if there's no consent. If both are equally drunk, but there was consent then it's not rape, but it's a night of regret? Otherwise surely most one night stands would be rape.
I think what we can all take out of this is that if both parties are drunk and one party decides to take the other to court, the one with the better lawyer will win.
Original post by DiddyDec
I think what we can all take out of this is that if both parties are drunk and one party decides to take the other to court, the one with the better lawyer will win.


I highly doubt it, considering such a low proportion of rapes end in a conviction it is far more likely whoever the defendant is will win. It is a notoriously difficult crime to prosecute :frown:
Original post by TheAnusFiles
Both parties are equally drunk?

Just a question, I'm not in trouble myself


Ask Saville.
Original post by victoriajackson
There's a difference between "drunk sex" and sex where you're too drunk to consent which if you're too drunk to remember you're probably too drunk to consent (not saying that is 100% of cases).


I don't remember around the last 2-3 hours of a night out, it's not that I'm paralytic, it's just how alcohol's affects has changed over the last few years.

If I have sex in around 99% of those case I would doubt I would have been raped.
Reply 66
Original post by Carterj09
How can 2 people have sex while being drunk be rape? and whos raping who? Im guessing you'll say its always the man? What about if its 2 drunk girls? Whos raping who then?

I don't know if you're confused or what, but that's what my post says. != means is not equal to.
Reply 67
I was under the impression that the level of drunk somebody needs to be for it to count as rape is basically comatose, so I am not sure how you could even have sex if both parties are barely conscious.
Original post by pjm600
I don't know if you're confused or what, but that's what my post says. != means is not equal to.

Ive always ive been **** at maths, sorry.
Original post by CemCakantemur
Ask Saville.


-10 marks for no originality
-2 marks for misspelling Savile

And Jimmy Savile is dead so how could I possibly ask him/REPORTED
Original post by TheAnusFiles
-10 marks for no originality
-2 marks for misspelling Savile

And Jimmy Savile is dead so how could I possibly ask him/REPORTED


snitch
Original post by CemCakantemur
snitch


*grass

-15 more points
Reply 72
Original post by TheAnusFiles
Both parties are equally drunk?

Just a question, I'm not in trouble myself


If both parties are equally drunk then, it depends - if both parties are active then it is consensual though unlikely to be very good, if only one party is active then it's most likely rape. Obviously the standard rules of consent also apply.
Original post by DanB1991
I don't remember around the last 2-3 hours of a night out, it's not that I'm paralytic, it's just how alcohol's affects has changed over the last few years.

If I have sex in around 99% of those case I would doubt I would have been raped.


Suppose it's different strokes for different folks I know I always remember my nights out out it's only if I'm completely gone that I don't and I really wouldn't be up for sex like that and people can usually read that. Don't get me wrong there have been times I haven't even remembered sleeping with someone and I still wouldn't say I was raped but there has been an instance where there was just absolutely no way the guy could have thought I was consenting (I think I was drugged tbh possibly not by him but who knows)
Definition of rape:

1-(1) 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.


Notes:

- I suppose if you're drunk you could argue that it wasn't intentional. Your drink may have clouded judgement etc

- How can you reasonably believe that the person didn't consent if you were both drunk? I don't know about others but I can barely get onto a train drunk let alone think rationally... So that point is probably out of the window too..

Probably not rape but is bloody stupid at the least! I know a few people who say they'd like to experience drunk sex...personally no thanks.
(edited 9 years ago)
Original post by victoriajackson
Suppose it's different strokes for different folks I know I always remember my nights out out it's only if I'm completely gone that I don't and I really wouldn't be up for sex like that and people can usually read that. Don't get me wrong there have been times I haven't even remembered sleeping with someone and I still wouldn't say I was raped but there has been an instance where there was just absolutely no way the guy could have thought I was consenting (I think I was drugged tbh possibly not by him but who knows)


Not targeting you specifically, you you'll be surprised how few people actually get drugged on nights out.

In around 1,000 cases of individuals claiming to have been spiked with ruphies only around 20 would of actually been so. They're much more likely to have bee slipped with something like ecstasy or cocaine, hardly something that will make it easier to be raped.

The vast majority of the time it's simply too much drink, and especially seeing what alcohol does to the memory fairly often people forget how much they have drunk or believe it was over a longer space of time.
Original post by DanB1991
Not targeting you specifically, you you'll be surprised how few people actually get drugged on nights out.

In around 1,000 cases of individuals claiming to have been spiked with ruphies only around 20 would of actually been so. They're much more likely to have bee slipped with something like ecstasy or cocaine, hardly something that will make it easier to be raped.

The vast majority of the time it's simply too much drink, and especially seeing what alcohol does to the memory fairly often people forget how much they have drunk or believe it was over a longer space of time.


Well I can remember everything from the night except I by the time I got to where I live with my friends in a taxi I couldn't speak or move and I kept coming in and out of conciousness so yeah I think I was drugged.

I had had 5 drinks out with no pre drinks and when I say drinks I mean those silly alcopops not a chance I was in that state because I was drunk.
(edited 9 years ago)
Original post by victoriajackson
Well I can remember everything from the night except I by the time I got to where I live with my friends in a taxi I couldn't speak or move and I kept coming in and out of conciousness so yeah I think I was drugged.

I had had 5 drinks out with no pre drinks and when I say drinks I mean those silly alcopops not a chance I was in that state because I was drunk.


That actually sound like alcohol, ruphies are not designed to stop movement funnily enough.

For example in 2007 of those who had been thought of being raped using similar drugs actually tested negative for such substances.

Study after study keeps showing drink spiking is an incredibly rare occurrence. The vast majority of the time it's either alcohol, cocaine or Amphetamine (speed).

Memory loss, loosing conciousness and difficulty speaking or movement can very often be a result of alcohol consumption, even at lower levels than usual.

Alcohol is actually the main substance used in date rape cases. Even then you may think 5 drinks is not much, even less than usual, but I think anyone who had drank will admit to a few occasions of getting completely wasted on much less alcohol than they usually would.
(edited 9 years ago)
Original post by DanB1991
That actually sound like alcohol, ruphies are not designed to stop movement funnily enough.

For example in 2007 of those who had been thought of being raped using similar drugs actually tested negative for such substances.

Memory loss, loosing conciousness and difficulty speaking or movement can very often be a result of alcohol consumption, even at lower levels than usual.

Alcohol is actually the main substance used in date rape cases. Even then you may think 5 drinks is not much, even less than usual, but I think anyone who had drank will admit to a few occasions of getting completely wasted on much less alcohol than they usually would.


I had no memory loss? Pretty weird how I was fine until that moment completely fine and sober looking after my friends i.e I was the one walking round rounding everyone up to get them into a taxi and stopping them doing stupid stuff, 5 drinks is absolutely nothing to me 5 4% alcoholic drinks is equal to 2 double vodkas and one single vodka in terms of units if you think I would get completely paralytic off that you're out of your mind that doesn't even touch the amount I drink for pre drinks on a night out and you know I'm rarely that drunk on a night out - I have an extremely high tolerance for alcohol, anaesthetic ect .

The drug you are talking about is Rohypnol if you are not just using ruphie for any date rape drug. I could have been spiked with GHB or Ketamine which would explain why I didn't feel drunk and these do cause loss of motor function plus many of the other things I experienced that night so please actually do your research before you tell girls who could have been drugged that they were probably just drunk not to mention that lots of other drugs can be used to cause those effects.
If this qualified as rape sooooo many people would go to jail. So I'm going to say that it's not rape.

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