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Sex! Consent from the girl?? watch

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    (Original post by a_t)
    Drunken consent is still consent, if someone agrees to intercourse out of character but they know what they are agreeing to at the time it is consent
    Alot of people get so drunk on a night out, that this statement isn't true.
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    (Original post by jismith1989)
    Its depends on whether the intoxication can be seen as self-inflicted or not.
    Ok, so say I'm blind drunk or whatever (my own fault, too much tequila...), and I have sex with a guy. I didn't tell him not to, or stop him, but I'm like only maybe 50% concious/aware what I'm doing. Is this rape, or not? I'm not saying no, but I'm obviously not really in a position to say yes.
    And the guy is relatively sober.
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    This thread reminds me of this video that was shown to me by someone...
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    (Original post by Ewan)
    Alot of people get so drunk on a night out, that this statement isn't true.
    Well thats the law, obviously if they are unable to control their actions the situation is different, if they aren't sure what they are agreeing to then obviously its not consent

    (Original post by Bubbles*de*Milo)
    Ok, so say I'm blind drunk or whatever (my own fault, too much tequila...), and I have sex with a guy. I didn't tell him not to, or stop him, but I'm like only maybe 50% concious/aware what I'm doing. Is this rape, or not? I'm not saying no, but I'm obviously not really in a position to say yes.
    And the guy is relatively sober.
    This sounds like a case we were looking at R v. Bree, in the end there is a clash of testimony between you and the guy, unless you are completely unconscious its essentially gonna be up to the jury who they believe in the circumstances

    You need evidence that you have lost the capacity to consent, if this is unavailable you have to prove as the prosecution that a reasonable person would not have believed what you were doing to amount to consent

    The guys own soberness is neither here nor there

    Also there is often a time lag between rape and it being reported, women often talk things through with their friends etc before going to the police so often any blood alcohol tests will be days after the incident
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    When she doesn't say no (of her own accord... there's no need to "ask" surely?)
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    (Original post by Erradhadh)
    This thread reminds me of this video that was shown to me by someone...
    Funny ****
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    (Original post by Bubbles*de*Milo)
    Ok, so say I'm blind drunk or whatever (my own fault, too much tequila...), and I have sex with a guy. I didn't tell him not to, or stop him, but I'm like only maybe 50% concious/aware what I'm doing. Is this rape, or not? I'm not saying no, but I'm obviously not really in a position to say yes.
    And the guy is relatively sober.
    All legit imo
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    I agree Fusion..

    If a girl agrees.. no matter how drunk she is.. she has given her consent.. so the matter ends there..

    If she wants to moan about it.. she should not get so drunk!

    I think an exception would be if she was underage.. but otherwise.. no no is a yes..
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    It then becomes an issue of morality rather then law.

    Which really means whether the guy would take advantage of the situation or what not.
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    ^^ Nice to see so many potential rapists participating on the thread
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    Dead girls don't say no.
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    Erm... y'know, if it's not bloody obvious that she's consenting? If she's not, y'know, participating in the sex, I'd say something was wrong.

    And if she's so ******** she's trying to keep your face in focus and can hardly speak, unless, again, she's stripping you in a good ol' mutual sex way, that's rape. Taking home someone who cannot make a decision, or do anything for that matter, and being that only active member in the sex is rape. There is a difference between someone being so drunk they do something they regret and someone being so drunk that you can do something to them.

    Plus if you do get a girl so ******** she can't do anything to stop you having sex with her, you deserve to be puked on. And I hope you do.
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    (Original post by Flic89)
    If she doesn't seem fully up for it then best to ask.. Just use your common sense.

    The courts will usually let every Tom, **** and Harry off with rape anyway - despite rape law being 'OTT'.
    There are problems with the law in this area, but defendants must be assumed innocent until proven guilty - that's the whole basis of UK law. Since it's almost impossible to prove, a lot of people do get away with it, yes.
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    (Original post by Anonymous)
    ^^ Nice to see so many potential rapists participating on the thread
    Do not be so stupid.. if she says yes.. it is not rape..

    I also think an exception besides underage.. is if she is passed out.. but as the person below me said.. very drunk becomes a question of morals.. and they are not enforceable by law..
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    (Original post by Guru Sauce)
    Do not be so stupid.. if she says yes.. it is not rape..

    I also think an exception besides underage.. is if she is passed out.. but as the person below me said.. very drunk becomes a question of morals.. and they are not enforceable by law..
    I'm sure we were told in PSE that if she's very drunk, then in theory you can be prosecuted for rape, even if she consented at the time.
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    erm basically if she's helping undress the pair of you and isn't saying no etc.
    Saying that I've been known to jokingly say no in the past without meaning to. So I had to make up a code word with my bf so he knew when I actually wasn't comfortable anymore and wanted him to stop. Can't expect everyone to make a code word though :/
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    If you want to be safe rather than sorry, never run the risk of following non-verbal signals unless she is practicaly ripping your clothes off and shoving you member inside her.

    It's a bother, and 'kills the mood' but asking permission and checking if she is happy can save you a load of **** down the line.
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    (Original post by WelshBluebird)
    I'm sure we were told in PSE that if she's very drunk, then in theory you can be prosecuted for rape, even if she consented at the time.
    Maybe that is true.. but do you think that will hold up in court..?
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    I feel sorry for boys with all this. Its a shame because its so hard to get a clear consent. Ultimately, i think the majority of you lads would be able to judge whether she is comfortable with it or not. But spreading awareness among girls of the position you are in will definitely help. x
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    It's a very dodgy area... people have been known to consent to (even initiate) intercourse whilst drunk, regret it the next morning and cry rape. You've got to be so careful. Personally, I wouldn't sleep with a girl if I knew she was drunk - I'd be too worried about the consequences the next day.

    If someone really wants to sleep with you, I figure they'll still be up for it in a couple of days when sober, right? If not, oh well, you win some, you lose some... at least you aren't going to get accused of rape.

    (Original post by Vykeera)
    Besides, either way it's still your word against hers; what were you planning to do - have her sign a piece of paper saying she was happy to have sex with you at this date? :p:
    I'm nicking that for a sitcom I'm writing... you don't get any royalties... :p:
 
 
 
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