Drunk and steal something? Liable. Drunk and have sex? It's not your fault!

mayonesa · 2012-09-10T11:08:06+00:00

Drunk and climb a fence, then fall in someone's pool? They're liable.

Drunk and hit someone without insurance? They're liable.

Drunk and use someone else's penis for sexual gratification? They're liable.

But at least everyone is equal!

2012-09-10T07:10:12+00:00

This comparison needs more masturbation while drunk laws; the situation isn't really the same. There are issues with the laws regarding drunk sex, or at least their interpretation, but a DUI is much more like drunk masturbation.

Hey now, I saw American Pie, masturbation can totally kill people.

CosmicKeys · 2012-09-10T09:05:36+00:00

I assume you're talking about some sort of scenario where a guy has sex with a drunken girl who gives drunken consent, but then regrets it the next day?

I think where that analogy would fall down is that sex involves two people. In that case you're giving consent to another person to do something to you, but it seems the law enforces the fact that consent to do anything potentially harmful isn't valid if they're under the influence. The law would seem consistent from that viewpoint - you can't kick someones teeth out because they were high and asked you to.

On the other hand, you're the only one who can steal something. Consent is no-where to be found because there's nothing to consent to. Good point though, has made me think long and hard.

fondueguy · 2012-09-10T16:28:47+00:00

From an advice website:

If you do not get a girl drunk or high but you know she is when you have sex you have committed rape.

If you are unaware that a girl is drunk or high and you have sex with her you could be charged with rape.

Even if you too are drunk or high when you have sex with a girl who is drunk or high you could be charged with rape. It is not a sufficient defense to say, “I was wasted too!”

http://teenadvice.about.com/od/daterape/a/daterapeguysfyi_2.htm

rightsbot · 2012-09-10T03:44:20+00:00

Post text automatically copied here. (Why?) (Report a problem.)

fondueguy · 2012-09-10T18:29:39+00:00

Drunk and have sex

Actually not true. If I get drunk I I forced someone to have sex with me I would be liable for rape.

It's only when women, and their family, have regrets (victim) that a drunk isn't liable.

breakupclusterfuck · 2012-09-11T09:31:23+00:00

In terms of stealing something, you are liable if you are drunk unless you are so drunk you have blacked out, then liability is questionable (just have to prove you were in a "fugue state").

Same goes for sex...sort of.

If you have sex with a girl and SHE is so drunk she can't remember it, she may not actually (legally) be capable of giving consent - this will also look 100000 times worse if you are sober. Won't help you to be drunk. = Rape. (This also applies if you are drunk too).

If YOU are so drunk that you black out and can't remember a thing (fugue state) and she claims there wasn't consent, you MAY be able to get off because you weren't conscious and didnt have the intent to rape her (because you were blacked out, this argument really won't work if you were seen hanging out with her all night - also, juries look pretty poorly on drunk/consent situations so your chances of not being charged are not good).

Moral of the story, the standard of consent is HIGH. Don't have sex with drunk/pilled up chicks unless you are 2000000000% sure she consents, she is ABLE to consent AND wont flip out the next day.

Title	Drunk and steal something? Liable. Drunk and have sex? It's not your fault!
Author	[deleted]
Upvotes	22
Comments	16
Date	September 10, 2012 3:42 AM UTC (13 years ago)
Subreddit	Posted in /r/MensRights
Original Link	https://old.reddit.com/r/MensRights/comments/zmx16/drunk_and_steal_something_liable_drunk_and_have/
Archive Link	https://theredarchive.com/r/MensRights/drunk-and-steal-something-liable-drunk-and-have.1013886 https://theredarchive.com/post/1013886

Comments