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

Is sex with someone who is intoxicated sexual assault/rape?


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Power Rangers

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The way I see it:
- If you're purposely intoxicating someone/aiding them in getting intoxicated with the intention of taking sexual advantage of them, it's rape.
- If they're passed out, it's rape.
- If you intoxicate/aid them to get intoxicated enough to do something they wouldn't normally do, it's taking advantage.
- If one party says no, and the other party ignores it, rape.
- If a person is intoxicated to the degree that they can't make their own decisions, or express their decision, it's rape/sexual assault
 

soloooooo

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So if Guy A is sober and sleeps with girl B who has had 1 drink do you think it is rape Riproot?
What is she has had 3 drinks?
What is she has had 7 drinks?
What is she has had 15 drinks?
 
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The issue with any form of rape is consent. Rape is defined as sexual action(s) taken without the consent of one party. When someone is slightly tipsy, they are still within a frame of mind that can provide consent and it can be inferred that they would provide that consent if they were in a sexually active and healthy relationship for several years beforehand; but it can't be said that it is a certainty it would be.

With the specific case of intoxication, it varies circumstantially. Hypothetically though, when a man or woman is so intoxicated that they cannot provide consent and one party continues without that consent being provided, they are committing rape. Whether the performance of either of those parties is satisfactory is irrelevant.

It should be noted that consent can be withdrawn at any time and, like I said, if it so continues without that consent, you are committing a crime.
+1
 

Shadowdude

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So if Guy A is sober and sleeps with girl B who has had 1 drink do you think it is rape Riproot?
What is she has had 3 drinks?
What is she has had 7 drinks?
What is she has had 15 drinks?
Riproot wants to use this absolutely qualitative measure of "whether she's intoxicated or not"

I don't think he realises there's no one simple, absolutely 100% a-ok measure of such a thing.
 

soloooooo

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The way I see it:
- If you're purposely intoxicating someone/aiding them in getting intoxicated with the intention of taking sexual advantage of them, it's rape.
It is not rape if you buy them double vodkas instead of single vodkas etc.
 

mirakon

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The way I see it:
- If you're purposely intoxicating someone/aiding them in getting intoxicated with the intention of taking sexual advantage of them, it's rape.
- If they're passed out, it's rape.
- If you intoxicate/aid them to get intoxicated enough to do something they wouldn't normally do, it's taking advantage.
- If one party says no, and the other party ignores it, rape.
- If a person is intoxicated to the degree that they can't make their own decisions, or express their decision, it's rape/sexual assault
Yes

/Thread
 

OzKo

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That's actually mutual rape by both parties.

But it's up to the parties involved to decide whether they want to press charges, and because they are both at fault I'm not sure how that would go down.
I suppose you're right there. In a court of law, that probably wouldn't hold up.
 

a c

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And if someone under 15 years of age gives consent is it technically still consent?

No, because they aren't in the right state of mind (they aren't mature enough) to give consent.
The age of consent, is a legal, rather than philosophical or scientific concept (which is why the age of consent for sex has no consistency between countries).

People can consent to different behaviours and concepts at a range of ages, sexual or otherwise. In our country, there are legal commitments, contracts and endeavour your can consent to before the age of 15, and some you can't consent to until over 18. Someone under the age of 15 can consent to many things in a legal sense, in a philosophical sense that could include certain sexual practices.
 

Annihilist

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The way I see it:
- If you're purposely intoxicating someone/aiding them in getting intoxicated with the intention of taking sexual advantage of them, it's rape.
- If they're passed out, it's raped.
- If you intoxicate/aid them to get intoxicated enough to do something they wouldn't normally do, it's taking advantage.
- If one party says no, and the other party ignores it, rape.
- If a person is intoxicated to the degree that they can't make their own decisions, or express their decision, it's rape/sexual assault
1) It's not "rape" unless they are physically and literally unable to consent. Such as in your second point.
2) No brainer.
3) Taking advantage, yes, but should not be defined as rape.
4) Obviously. This is the primary definition of rape.
5) Anyone can make their own decisions regardless of how sober they are(n't). The decisions they make when sober may be different to the decisions they would make if they were under the influence of drugs or alcohol, but ultimately they are the decisions of the individual. And if they decide to have sex; to consent and allow another person to have sex with them, well, that's their own decision and it is their right to make that decision. And it is the right of the other party to take part in such sexual interaction without criminal prosecution.
 

Dr_Fresh

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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.
 

Riproot

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The way I see it:
- If you're purposely intoxicating someone/aiding them in getting intoxicated with the intention of taking sexual advantage of them, it's rape.
- If they're passed out, it's rape.
- If you intoxicate/aid them to get intoxicated enough to do something they wouldn't normally do, it's taking advantage.
- If one party says no, and the other party ignores it, rape.
- If a person is intoxicated to the degree that they can't make their own decisions, or express their decision, it's rape/sexual assault
No.

If you are aware that they have been drinking excessively, or may not be in the right state of mind to make a decision about sexual relations between you two then it is rape.

So if Guy A is sober and sleeps with girl B who has had 1 drink do you think it is rape Riproot?
What is she has had 3 drinks?
What is she has had 7 drinks?
What is she has had 15 drinks?
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?

But mainly, you should be able to use your common sense. If you have none then I would suggest not having sex with anyone near alcohol ever.

Riproot wants to use this absolutely qualitative measure of "whether she's intoxicated or not"

I don't think he realises there's no one simple, absolutely 100% a-ok measure of such a thing.
The fact that you're arguing about this shows how disgusting you are.

What the fuck has happened to you recently?
What the actual fuck?!
This isn't about your confidence, this isn't about me being wrong and you being right, it is just about your fucking blatant disregard for the well-being of other human beings.
 

Power Rangers

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1) It's not "rape" unless they are physically and literally unable to consent. Such as in your second point.
2) No brainer.
3) Taking advantage, yes, but should not be defined as rape.
4) Obviously. This is the primary definition of rape.
5) Anyone can make their own decisions regardless of how sober they are(n't). The decisions they make when sober may be different to the decisions they would make if they were under the influence of drugs or alcohol, but ultimately they are the decisions of the individual. And if they decide to have sex; to consent and allow another person to have sex with them, well, that's their own decision and it is their right to make that decision. And it is the right of the other party to take part in such sexual interaction without criminal prosecution.
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.
 

Andrew Baron

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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.
 

Annihilist

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So if Guy A is sober and sleeps with girl B who has had 1 drink do you think it is rape Riproot?
What is she has had 3 drinks?
What is she has had 7 drinks?
What is she has had 15 drinks?
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.
 

Power Rangers

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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.
who is this



A++ troll

For some reason, and I don't say this to be discriminatory, I thought of all those women who are treated as property in the middle east. If they don't consent to their husbands, some would probably get beaten or something
 

Riproot

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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.
You're a disgusting human being.

It matters because of the effect it has on the victim.

It matters because as a human being you shouldn't want to cause mental, emotional, and/or physical anguish to your fellow human beings.

Fuck.
 

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