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when is it not consent?

Having been raped in the past I just want to know what you would actually consider consent to sex, basically if you are drunk and you dont remember saying yes but you have sex is this rape?
Well, there are two things needed to be answered in the negative for you to be raped under law: whether you consented and whether the lad believed you consented.

You can consent when you're drunk, just as long as you're not so drunk you're essentially an extra in the Walking Dead. Drunken consent is still consent.

The second test is likely not met either, in that the lad would have no way to know you were not consenting unless you were an extra in the Walking Dead.

NB: you can black out while outwardly seeming "with it".

TL;DR depends, but probably not rape.
(edited 5 years ago)
Morally (rather than legally), I'd say sex becomes non-consensual if you don't want to do it and say so.

If you regret it afterwards or can't remember consenting, it's not fair to pin the blame on someone else unless you told them before/during that you didn't want to do it and/or you were forced.
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Zarek
21
As Ken Clarke once tried to say and got in trouble, rape is not always black and white and courts sometime end up considering the evidence and making a decision. Drunken consent is possible and guys judgement is affected too when drunk. But cynical taking advantage of a drunk girl is clear cut in my book.
This is why you don't have drunk sex.
Original post by Cathy Bradson
Having been raped in the past I just want to know what you would actually consider consent to sex, basically if you are drunk and you dont remember saying yes but you have sex is this rape?


I think it may be considered rape when the person is beyond irrefutable doubt on their ability to consent. For example, if you were drunk to the extent of not maintaining consciousness, then it is rape because whatever was said wasn’t with a full understanding of the decision that was made.

The issue then becomes whether there was consent during the course of the event before the action begun. For example, if you and a lad are at a bar and there is consent to having relations. Then you get really drunk and he takes you home and has sex with you. In the morning, are you within your rights to place a rape accusation? I dont really know. I would say “No” because consent was given.

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