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

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Well, I've bought things drunk as a skunk before. Guess I wasn't sober enough for informed consent to these transactions, so I was robbed, right? No.

If you say you want to do something, and you do it, you gave consent willingly. Your drunkenness only matters of you're blacked out and barely able to stand or utter a coherent sentence.

And it's complete sexist BS that men can only be guilty of wrongdoing in this scenario. Why is a man always held responsible for his actions, but not a woman?
If somebody can make a conscious decision to drink alcohol knowing the effects, then they are responsible for any actions from being under the influence of alcohol. Yes of course, even when intoxicated they should be showing signs of engagement to a particular activity and not be forced into anything. If a person passes out from too much alcohol then of course they are not participating or giving consent for pretty much anything!

People need to take more care with their actions...
Original post by sek510i
There is such a thing as taking advantage of somebody. Anybody has a right to have a drink without getting raped.

Or are you just trying to play devil's (or rapist's) advocate, or see how people react to that sort of inflammatory post?


If it was a case of the drink being forced down her neck then fair enough. But as I see if if the intention to get drunk is there and a lady is not really putting up a resistance to the guy or worse still encouraging him, I dont see how on earth that can be rape. Its bad luck, sure but its certainly not rape. Bar club culture is an inherently risk activity anyway that is why the allure is there.
Original post by EastonUmmah
If it was a case of the drink being forced down her neck then fair enough. But as I see if if the intention to get drunk is there and a lady is not really putting up a resistance to the guy or worse still encouraging him, I dont see how on earth that can be rape. Its bad luck, sure but its certainly not rape. Bar club culture is an inherently risk activity anyway that is why the allure is there.


It's unlikely that someone could be so drunk that they lacked the capacity to consent but encourages someone to have sex with them. As for not resisting that's completely different, someone who's passed out is not going to resist but they haven't consented


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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.



Many ONSs happen when both parties are drunk, so by your (wrong) definition, I have been "raped" several times in the past which is clearly a load of BS. I've no regrets about who I've slept with while drunk.

In fact, an even more pertinent counter example are the times when I have been drunk but my partner wasn't.
(edited 7 years ago)
Reply 45
The reason that the law often fails to consider men as the victims in these scenarios is twofold

Firstly the laws definition of 'Rape' states that person A must in some way penetrate one of person B's orifices and unless they strap-up or pop a finger this is an unlikely event on the part of the woman.

Secondly people argue that the man has to be 'into it' in order for him to be erect, of course the first woman to be convicted of rape rammed a stick up the man's arse to stimulate his prostate gland creating a non-sexual erection however this was classed as her raping him and oddly enough this is due to the fact that the ramming of a stick up another's bottom classes as penetrating an orifice.
regardless of whether or not it's rape, it's definitely illegal, so maybe don't go around porking drunken girls
Original post by *Stefan*
Also, the UCL "smart" thing only works for some courses, so wouldn't count on it on its own :P


STEM master race

etc
Original post by nomnomnomm
regardless of whether or not it's rape, it's definitely illegal, so maybe don't go around porking drunken girls


It's not 'definitely illegal' - it's sometimes rape but most of the time immoral at worst


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Original post by flobble
The reason that the law often fails to consider men as the victims in these scenarios is twofold

Firstly the laws definition of 'Rape' states that person A must in some way penetrate one of person B's orifices and unless they strap-up or pop a finger this is an unlikely event on the part of the woman.

Secondly people argue that the man has to be 'into it' in order for him to be erect, of course the first woman to be convicted of rape rammed a stick up the man's arse to stimulate his prostate gland creating a non-sexual erection however this was classed as her raping him and oddly enough this is due to the fact that the ramming of a stick up another's bottom classes as penetrating an orifice.


I was corrected on this recently actually. The law clearly stipulates it is penetration by a penis, so it's impossible for a woman to rape (ignoring potential non-binary situations which I cba to go into).

Also your second example is a bit extreme, they could easily just spike or otherwise force the man to take viagra. Job done.
Original post by nomnomnomm
regardless of whether or not it's rape, it's definitely illegal, so maybe don't go around porking drunken girls


There is nothing illegal about it at all. Consent is completely separate from sobriety provided you haven't been spiked.

Incidentally, if they were drunk because you were sneaking shots into their drinks I think there would be a strong case for it being illegal, but proving it would be pretty much impossible.
Original post by Elivercury
There is nothing illegal about it at all. Consent is completely separate from sobriety provided you haven't been spiked.

Incidentally, if they were drunk because you were sneaking shots into their drinks I think there would be a strong case for it being illegal, but proving it would be pretty much impossible.


Consent and sobriety are not completely separate. You can be so intoxicated that your capacity to give consent is compromised


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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.



lol don't get drunk then ...
loadsa ppl i know have sex when they're drunk the whole point is to lose your inhibitions and do things that you wouldn't necessarily have the courage to do or just do when you're sober... that's what I'd imagine anyway so as long as you're conscious (or noton the verge of passing out) I don't see why sex should be any different.
(edited 7 years ago)
I don't think it's right nor enjoyable to **** someone too drunk to understand anything, much less that her pants are being taken off
But if she's drinking, that's on her, I'm all about personal responsibility. You can't just go round knocking em back and expecting to be safe and sound. You SHOULD be no matter WHAT but the REALITY is that you're NOT. Even sober it's dangerous.

Original post by XcitingStuart
And if they were both drunk?


LOL plot twisttt
Original post by alkaline.
lol don't get drunk then ...
loadsa ppl i know have sex when they're drunk the whole point is to lose your inhibitions and do things that you wouldn't necessarily have the courage to do or just do when you're sober... that's what I'd imagine anyway so as long as you're conscious (or noton the verge of passing out) I don't see why sex should be any different.


You're funny, and wise now
Original post by Underscore__
Consent and sobriety are not completely separate. You can be so intoxicated that your capacity to give consent is compromised


Posted from TSR Mobile


I would argue that at that stage it is not so much an issue of sobriety as consciousness. This is obviously induced by the alcohol, but stating this seems clear distinction seems a little too subtle for many of the people in this thread.
Original post by Elivercury
I would argue that at that stage it is not so much an issue of sobriety as consciousness. This is obviously induced by the alcohol, but stating this seems clear distinction seems a little too subtle for many of the people in this thread.


I suppose it can often be a matter of consciousness but it's still feasible that a person could be sufficiently intoxicated to lack the capacity consent whilst being conscious


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Original post by 0to100
I don't think it's right nor enjoyable to **** someone too drunk to understand anything, much less that her pants are being taken off
But if she's drinking, that's on her, I'm all about personal responsibility. You can't just go round knocking em back and expecting to be safe and sound. You SHOULD be no matter WHAT but the REALITY is that you're NOT. Even sober it's dangerous.



LOL plot twisttt


Let's assume YOU are a guy and YOU may at some point get very drunk - drunk enough to be unable to give consent. Wouldn't it be rape if your flatmate or your neighbour or a complete stranger had sex with you?
Original post by WoodyMKC
Where does it end, then? By the logic that being intoxicated means a loss of rationality and therefore ability to consent, could I get drunk, go to a bank, get a loan, sign the contract, get the money and then say the contract is null and I therefore in law owe nothing back, because I couldn't legally consent to anything at the time the contract was signed because I was drunk? Not gonna wash in court. Likewise, if your partner got drunk and cheated on you, that surely wouldn't count as cheating because they were technically raped, right?

This whole "you can't consent to anything if you're drunk" nonsense is a gateway to a culture of irresponsibility surrounding alcohol. Consent is consent, it applies to more than just sex. You don't totally lose the ability to make an informed decision just because you're intoxicated.


It's not a question of drunk, full stop. It's about whether someone is so drunk they are incapable of giving consent.
Original post by Normaleila
It's not a question of drunk, full stop. It's about whether someone is so drunk they are incapable of giving consent.


How would that be quantifiable in a court of law, though? There's no possible way of providing evidence of how drunk someone was.

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