Is sex with someone who is intoxicated rape/sexual assault? (1 Viewer)

[Power Rangers]

as long as you arent caught, why does it matter?

on topic:
ive seen plenty of rape victims and theres only a problem for the "rapist" if the victim decides to pursue the matter further. but a lot of them dont want to go through the whole process.

Are you serious?

if someone was violently raped, the only problem is for the rapist?

so if i were to rape you, you wouldn't be mentally or emotionally distressed?

 

[Riproot]

A more compelling case:

Guy (A) is approached by Girl (B) and B say's "want to fuck"? She is drunk as fuck. B wakes up next morning and realises they had sex and says "omg I've been raped". A points out she asked for it (like, literally, asked for it). But B still presses rape charges and A get's a criminal record as a rapist.

Or:

Guy (A) approaches girl (B) and says "wanna fuck?" B is drunk and says yes. She probably would not normally say yes if she was not drunk. They wake up and it ends almost identically to the last case. A would not be aware of the sobriety of B.

Or if A was aware, how was he to know that B would not have said yes if she was sober?

The problem with an absolute legal definition of rape regarding these kind of circumstances is that it is infinite grey area. There's no black and white definition.

My view is that you cannot call it rape if the victim gives consent, and sobriety or lack thereof is irrelevant. Individuals are responsible for the substances they consume, and the decisions they make while influenced by these substances.

If she is pressing charges then clearly she wouldn't have said yes.

How stupid can you be?

Have fun failing the HSC.

 

[Shadowdude]

Riproot, you said it yourself:

1 drink - barely anyone would be drunk, and if they are showing any signs of slurred speech, stumbling, etc. then yes, it's rape, because you can visibly see that they're not in the correct state of mind to consent.
3 - same as above
7 - probably drunk
15 - how is she not dead?

And then you say "you have to use common sense". m8, even you have to admit that that is not good enough for the law.

But if it is, tell me, where does this person become 'intoxicated' and thus susceptible to rape? Give me a number of drinks.

And then you tell me how this number can be generalised to all persons and then you explain to me why that magic number is not codified in law yet.

 

[Lolsmith]

lol dr fresh is not a rapist you crazies

 

[Riproot]

he was obviously joking tamara

Wot?

also I already solved this mystery

mods you can lock thread

This clearly still needs discussion because a few members aren't fully convinced and I don't want them raping some poor bitches and then making them kill themselves with regret.

 

[a c]

I'm not ashamed to let the victims see me pass

 

[Dr_Fresh]

Are you serious?

if someone was violently raped, the only problem is for the rapist?

so if i were to rape you, you wouldn't be mentally or emotionally distressed?

mate, we aint talking about the emotional distress derp

 

[Dr_Fresh]

lol dr fresh is not a rapist you crazies

iknowrite. when did ppl on here become so srs and sensitive.

 

[Annihilist]

1) Umm, are you serious? How is purposely intoxicating someone with the intention of taking ADVANTAGE of someone not rape? If they would consent normally, why would you even need to try intoxicating them? You'd only do that if you knew there was no other way of getting in.
5) So if someone is sober, and the other individual is pissed drunk, they're fair game because it was a decision they made WHILST INTOXICATED? Unless they would've made that decision whilst sober or tipsy, I see it as rape/sexual assault.

I am serious.

1) If the victim consents, then it's not rape. Taking advantage of someone's intoxication is not necessarily rape. And if they would consent normally, then there is no need to intoxicate. You are right on your last point.

So if someone tries to get someone else REALLY drunk so they will agree to have sex with them...why would they drink so much in the first place? Couldn't they just say no? And honestly, their decisions are still their own decisions.

5) I disagree outright. Not because they were intoxicated. Intoxication is irrelevant. I don't believe the law is able to judge the competency of individuals to make correct decisions while intoxicated. That is a threshold the individual needs to evaluate for themselves. So their decisions are, in fact, their own responsibility.

Sex is of course the sole province of both the husband or the lord. Sex outside of marriage is a cardinal sin, but for a woman to refuse sexual intercourse with her husband, or should she be the vassal of the man that seeks relations with her and refuses likewise, she is a wench and a brigand to be punished severely under the law.

Someone joined this forum right now to post this?

I smell a troll and a fucking idiot. Leave.

 

[Shadowdude]

still waiting for riproot to name

the magic number

 

[Lolsmith]

I'm not ashamed to let the victims see me pass

you too are a raper

 

[soloooooo]

How is purposely intoxicating someone with the intention of taking ADVANTAGE of someone not rape? I

It is not rape. They can decline the drink or not drink it.

 

[Riproot]

And then you say "you have to use common sense". m8, even you have to admit that that is not good enough for the law.

But if it is, tell me, where does this person become 'intoxicated' and thus susceptible to rape? Give me a number of drinks.

And then you tell me how this number can be generalised to all persons and then you explain to me why that magic number is not codified in law yet.

There is no magic fucking number

You do advanced maffs and you're asking ME for a fucking magic number

fucking hell, everyone is different.

But, if the victim is drunk enough the night before that in the morning she calls you a rapist for fucking her then you're fucked.
That's all I'm going to say.
Because nothing will stop you from doing this I KNOW NOW THAT YOU ARE TRULY THAT MUCH OF A HORRIBLE HUMAN BEING, but when you get raped in prison I hope you realise then what a disgusting cunt you are.

(this isn't even going to be a problem because they'd be dead before they consumed enough alcohol to have sex with YOU)

 

[Annihilist]

a girl gets drunk, sees a cute guy who she might not normally talk to
because her inhibitions have been lowered she has sex with him

the next morning she deeply regrets it.
confuses this regret with refused consent.
she screams rape.

Exactly. Regretting your decisions while you are drunk does not mean you are raped. It means you made a bad decision. FAR from rape.

And let's have another look at it here: You agreed to...what? Have sex? My god, how awful! Who in their right mind would want such a thing?

 

[SnowFox]

Exactly. Regretting your decisions while you are drunk does not mean you are raped. It means you made a bad decision. FAR from rape.

And let's have another look at it here: You agreed to...what? Have sex? My god, how awful! Who in their right mind would want such a thing?

Considered rape in NSW legislation.
Townie will be here to clean up.

 

[Lolsmith]

Someone joined this forum right now to post this?

I smell a troll and a fucking idiot. Leave.

how can you say they're an idiot if they're a troll

if they're a troll, that is not their real opinion

you know you're retarded right

 

[Annihilist]

I would stay but I have maths exam tomorrow. I will likely return in 24 hours to find my posts drowned in over fifteen pages of irrelevant babble and idiocy.

 

[Riproot]

a girl gets drunk, sees a cute guy who she might not normally talk to
because her inhibitions have been lowered she has sex with him

the next morning she deeply regrets it.
confuses this regret with refused consent.
she screams rape.

it's rape.

she wasn't in the right state of mind to consent.

omg.

iknowrite. when did ppl on here become so srs and sensitive.

It's NCAP, not NS.

still waiting for riproot to name

the magic number

STILL WAITING?!
5 minutes had passed!

Aren't you supposed to be studying?!

 

[Andrew Baron]

Someone joined this forum right now to post this?

I smell a troll and a fucking idiot. Leave.

I smell a cantankerous peasant and a slave to the contemptible and absurd notions of modernity. A woman's body is the sole right of the husband to be taken and used on request or command.

 

[Shadowdude]

There is no magic fucking number

You do advanced maffs and you're asking ME for a fucking magic number

fucking hell, everyone is different.

But, if the victim is drunk enough the night before that in the morning she calls you a rapist for fucking her then you're fucked.
That's all I'm going to say.
Because nothing will stop you from doing this I KNOW NOW THAT YOU ARE TRULY THAT MUCH OF A HORRIBLE HUMAN BEING, but when you get raped in prison I hope you realise then what a disgusting cunt you are.

(this isn't even going to be a problem because they'd be dead before they consumed enough alcohol to have sex with YOU)

EXACTLY, you made a point - you said everyone is different. So why are you saying "ohh when they are intoxicated then when you have sex with them, it is rape" - you can't determine that objectively.

So really, if I take a girl home with me and she had a bit of alcohol - how the hell am I supposed to know, if I have sex with her, if she's 'intoxicated' or not? Especially if I'll be under the influence a bit as well? Obviously there are extremes which are obvious - but what if it's in that grey area in the middle? You can't legit, 100% objectively say if it's rape or not. They're matters for the jury.

So in essence, since we can very easily debate and solve the extremes - it's the grey area in the middle which is difficult. Plus as I said before, drunk or not, consent given the night before or not, anyone can wake up the next morning and call 'rape'.


And wow, personal attacks. ooh harsh words. i'm so offended.