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

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Truths
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#1
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#1
He's smart enough to go to UCL yet thinks that if she she goes to a party and gets drunk that automatically means she wants to get ****ed. How does that work? :call2:
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life.of.pablo
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#2
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(Original post by Truths)
He's smart enough to go to UCL yet thinks that if she she goes to a party and gets drunk that automatically means she wants to get ****ed. How does that work? :call2:
Well if the girls up for it, even if she is drunk, it isn't rape.
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EricPiphany
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#3
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(Original post by Truths)
He's smart enough to go to UCL yet thinks that if she she goes to a party and gets drunk that automatically means she wants to get ****ed. How does that work? :call2:
I think that there are different levels of rape. Some people only think of rape as violent rape, or when the individual involved explicitly says no.
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caravaggio2
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#4
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Sex when drunk isn't rape.
Assuming that somebody wants sex just because they are drunk is a recipe for rape charge though, but that's not what your thread title undereducated was it.
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caravaggio2
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#5
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Sorry, that's infered not undereducated.
Autospell gets more bizarre by the day.
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Elivercury
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Yes as clearly stated, having consensual sex with a drunk person or while drunk isn't rape. If it was, I imagine 99% of the drinking public would be arrested.

Having sex with a drunk person while you are sober is also not rape - they can either give consent while drunk or they can't, the state of who they give consent to is irrelevant. Picking up drunk people while sober is pretty dodgy in my opinion however.

If the person does not consent, regardless of whether they are drunk or sober, this is rape. If they are passed out drunk, they obviously cannot give consent.

I hope this clears things up for you.
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Andy98
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#7
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It's only rape if they don't want it - or are too drunk to give consent

(Original post by caravaggio2)
Sorry, that's inferred not undereducated.
Autospell gets more bizarre by the day.
There's an edit button
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caravaggio2
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#8
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Btw if he is more drunk than her and they both partake, with her riding him round the room like a national hunt jockey, does that still make him a rapist and her a victim or her a sexual assaulter and him a victim?
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#9
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(Original post by life.of.pablo)
Well if the girls up for it, even if she is drunk, it isn't rape.
(Original post by caravaggio2)
Sex when drunk isn't rape.
(Original post by Elivercury)
Yes as clearly stated, having consensual sex with a drunk person or while drunk isn't rape. If it was, I imagine 99% of the drinking public would be arrested.
Consent is an act of reason and deliberation. A person who possesses and exercises sufficient mental capacity to make an intelligent decision demonstrates consent by performing an act recommended by another.

http://legal-dictionary.thefreedictionary.com/consent
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Asolare
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(Original post by Truths)
You know you can still make conscious, rational decisions when drunk right....
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eden3
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(Original post by Inexorably)
You know you can still make conscious, rational decisions when drunk right....
It depends how drunk we're talking
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Andy98
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(Original post by caravaggio2)
Btw if he is more drunk than her and they both partake, with her riding him round the room like a national hunt jockey, does that still make him a rapist and her a victim or her a sexual assaulter and him a victim?
Makes him a drunk and her rich
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#13
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(Original post by Inexorably)
You know you can still make conscious, rational decisions when drunk right....
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.

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sad_core
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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.


MFW the vast majority of us are rapists

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Truths
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(Original post by sad_core)
MFW the vast majority of us are rapists

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Speak for yourself

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sad_core
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#16
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Stop using that reaction gif.
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SMEGGGY
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#17
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(Original post by caravaggio2)
Btw if he is more drunk than her and they both partake, with her riding him round the room like a national hunt jockey, does that still make him a rapist and her a victim or her a sexual assaulter and him a victim?
Haha

I agree. Just because she's drunk don't mean it is rape as long as she's CONSENTING by saying hey **** me or does not say STOP etc.

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sek510i
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#18
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''Drunk'' isn't a very clear term, in the original post. All parties involved have to have the mental capacity and self-awareness to give their informed consent. If somebody is drunk enough that they consent to something that they wouldn't when sober, then that's where I think (haven't read specific legislation for a while) that the boundary lies.
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Rorschach II
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And if they were both drunk?
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sek510i
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(Original post by XcitingStuart)
And if they were both drunk?
Section One of the Sexual Offenses Act;

''
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''



I'm not entirely sure what would happen if neither party were sober enough to legally consent. It would quite possibly be ruled to be ''Not in the public interest'' by the Crown Prosecution Service before it got to court, though.
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