Saturday, October 16, 2010

On Drunken Sex

On Drunken Sex

^Interesting Blog - click the link

The dilemma...

When the lines are blurry... If one side can blame it on the alcohol and claim victim...can the other counter the claim and say he is not the attacker?

In the UK, the courts are passing legislation stating that a woman who has sex with someone while drunk can be considered a rape victim because she's not in her right mind to engage in consensual sex.

See article here:

MEN FACE JAIL TIME FOR SEX WITH DRUNK WOMEN


So what do you think? If a sober man would not commit an act like rape or date rape, but the same man in an intoxicated state would because his sensibilities are impaired, should he get a pass?

If a woman calls rape even though she was drunk and doesn't say no, does it make determining clearly defined cases of rape more challenging by blurring the boundaries of non-consensual sex?

Hmmm.... food for thought.

Either way, if no is said by one party even once, it IS rape. No way around that...

Share your thoughts....

5 comments:

  1. of course, no = rape.

    but it would seem that if someone can call otherwise consensual sex rape bc a woman was drunk... they might also call it kidnapping when a man leaves a bar with a drunk woman who is willing/wanting to go-

    smittn

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  2. Women needs to be more responsible for themselves. If the dude was someone who she has had sex with before, then really is it rape? Obviously if she said no and he try to force her anyway, thats rape. However, too often women go out with men they have just barely met and get drunk and do things they would later regret. Thats not dude's fault. Don't go to a party alone where you don't know anyone and leave with someone you've just met. Get your own drinks or watch the person making the drink don't blindly let someone hand you a drink without you knowing where it came from or seeing what went in it. With rape there is some sort of trauma to the vagina and I imagine that that would be prevelent even if the woman is drunk because she wasn't completely compliant. However, if a woman is borderline incoherent and ready to pass out dude should not be taking advantage of her.

    JSKKP831

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  3. I just think its a good idea for men to not have sex with obviously drunk women. Husbands can rape their wives so for me this has nothing to do with whether they've had sex before. KP, you definitely posed some excellent questions, and I think I need to scratch my head some more before I can articulate a decent response.

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  4. "If the dude was someone who she has had sex with before, then really is it rape?" <----- Seriously???? Women (and men) get raped by their partners, spouses, etc. all the time and only recently has it become a crime. No means no, and it doesn't matter how many times you've had sex with that person.

    legal fact: If you are unwilling, physiologically unable or mentally incapacitated, you are unable to willfully consent to ANYTHING. If your date is too drunk to stand up, blacks out or any other indicator that he/she is not able to willfully consent to whatever it is that you are about to do - STOP, do not proceed to GO.

    You know it's wrong, and the little voice in your head is telling you to zip your fly up and take your ass home, before you regret it later.

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  5. I see it like this...if someone gets drunk or high and commits murder or robs a gas station, despite the fact that in sobriety this person wouldn't have the audacity to do so, that person would and should be prosecuted to the fullest extent of the law. Same for the guy that rapes a woman while HE is intoxicated.

    If a car door was unlocked and someone went inside and stole the change, gps and radio from the car, we can blame the owner for being careless, but we cannot ignore that a felony, theft, still took place. So, if a drunk woman is more vulnerable to sexual activity and the guy is aware of her state and acts as an opportunist to commit a felony,...welll, then it is what it...a crime.

    So even though the double standard is there, its a question of individual choices and the repercussions...ie: Homegirl is responsible for leaving herself vulnerable, but dude had the choice whether or not to take advantage of the situation....

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