My Flatmate Didn't Know That Sex With A Drunk Girl Is RapeWatch
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.
Autospell gets more bizarre by the day.
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.
- Study Helper
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.
- Study Helper
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?
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.
Posted from TSR Mobile
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.