Am I the only person who thinks drunk sex isn't rape?

Hibria · 2016-07-27T18:59:54+00:00

If somebody, man or woman, conciously agrees to sex... It is not rape.

Aaod · 2016-07-27T18:21:42+00:00

Drunk sex is not automatically rape, can it potentially be rape? Hell yeah it can, but where the line is drawn is fuzzy combined with it coming down to he said she said and other factors makes it rather complicated.

The basic thing is it comes down to is the person in the right mind and able to consent, but even that can be unfortunately complicated.

aokusman · 2016-07-27T19:28:07+00:00

Bottom line. A man is responsible for his sexual actions while drunk, a woman isn't.

cymrich · 2016-07-27T19:38:33+00:00

where have you seen here that we claim drunken sex is rape? because the general consensus here that I have seen is that if the person is conscious, has not been drugged against their will, is not being forced via intimidation or blackmail, and does not somehow indicate they do not want to have sex... then it's not rape.

so where have we been saying otherwise?

regretting it the next day is not rape

drunken hookups are not rape

amy schumer forcing herself on her unconscious male friend when he was passed out drunk... thats rape!

AlwaysABride · 2016-07-27T19:50:33+00:00

Rape is sex without consent. Just because you're drunk when you consent, doesn't invalidate that consent. Just because you're drunk when you don't consent doesn't make it not rape.

civilsaint · 2016-07-27T18:53:06+00:00

If a woman is drugged or her drink is spiked, this should count as rape.

If a woman willingly consumes alcohol and is conscious during sex, not rape.

rg57 · 2016-07-27T19:12:12+00:00

Frankly, I think the model of consent is the wrong model to use for human sexual interaction. Some people think it means "assent", and it's moving in that direction. Regardless of what it is, in court there is often no way to prove whether consent was present for all parties, or not.

I think all complaints related to sex should be based on actual harm. If you got a scratch you didn't want, that's a crime (albeit not likely to result in a prison term). Certainly rape that should be prosecuted is going to result in more than a single simple scratch.

Drunk sex, bad sex, regretted sex, embarrassing sex... none of these should result in someone (of any sex) going to prison.

Mens-Advocate · 2016-07-28T00:14:15+00:00

In some jurisdictions, the law does distinguish between simply drunk versus incapacitated. I will leave the explanation of that to the legal beagles.

But, using common-sense rather than legal definitions, I would agree with OP but argue it differently. The criterion should be the degree of intoxication:

It should be considered rape only if she is truly incapacitated - for example, unable to know where she is or what she is doing or unable to understand what is being said.
If she is drunk but still capable of understanding where she is or what she is doing or able to understand what is being said and respond, then she should be responsible for her own decisions, including the decision to have sex.
If both are drunk but not incapacitated, it is an atrocity to charge the male (and only the male) with rape.

The major problem is that the definitions (pretexts for considering the male guilty) are being continuously expanded, from incapacitation to simply drunk to just buzzed to any alcohol at all to no alcohol just regret.

StuWard · 2016-07-27T17:08:45+00:00

That's really for the courts to decide.

Title	Am I the only person who thinks drunk sex isn't rape?
Author	[deleted]
Upvotes	16
Comments	19
Date	July 27, 2016 4:55 PM UTC (9 years ago)
Subreddit	Posted in /r/MensRights
Original Link	https://old.reddit.com/r/MensRights/comments/4uvml5/am_i_the_only_person_who_thinks_drunk_sex_isnt/
Archive Link	https://theredarchive.com/r/MensRights/am-i-the-only-person-who-thinks-drunk-sex-isnt.944835 https://theredarchive.com/post/944835

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