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

[Annihilist]

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

Stupid troll?

Or maybe they're not a troll and they really believe that shit.

Either way their an idiot. Maybe I was wrong about the troll part, maybe I wasn't. Regardless, it's completely irrelevant.

 

[Annihilist]

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

Legally, yes. I don't believe it should be considered rape under the law. Ethically and philosophically it doesn't make sense.

 

[Riproot]

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?

THEY AREN'T IN THE CORRECT STATE OF MIND TO CONSENT, THAT MAKES IT RAPE. REGARDLESS OF WHETHER THEY REGRET IT!

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.

You're going to fail anyway.

"Idiocy" - The only way you could identify idiocy would be if "takes one to know one" was actually a thing, which it isn't.

 

[Power Rangers]

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.

1) How can they consent if their deprived of the ability to reason and make their own decisions? Taking advantage of someone in the form of sex is essentially what rape is, isn't it? If they agreed to it, you're not taking advantage of them. But if you're taking advantage of them in a sexual manner how is it not rape?

So it's the VICTIMS fault for drinking excessively? Even if someone is pissed drunk, they do not deserve to get raped. Being drunk should not be an invitation for being taken advantaged of.

5) How can you make decisions if you're intoxicated? Intoxication IS relevant.

 

[Dr_Fresh]

ok but seriously. i always carry one of these with me.

25 is the magic number.

 

[Lolsmith]

Either way their an idiot. Maybe I was wrong about the troll part, maybe I wasn't. Regardless, it's completely irrelevant.

not helping yourself here

 

[GeriaticJones]

I'd like to say the whole question is ambig-guous-like

Pretty,much yes
1) yes you're balls drunk and could be taken advantaged of
2) is intoxicated a few drinks or a binge fest?.
3) consensual? Hey hey It's a maybe

damn our humanity

 

[SnowFox]

Legally, yes. I don't believe it should be considered rape under the law. Ethically and philosophically it doesn't make sense.

Thats your point of view. Thats nice and all but if you took that to a court of law youd be screwed.

Australian Law Reform Commission:


In NSW, there may be no consent where a complainant was ‘substantially
intoxicated by alcohol or any drug’.[177] This formulation adopts
the view expressed in the report of the Criminal Justice Sexual Offences
Taskforce that the degree of intoxication and whether it was such that a person
was ‘unable to consent’ are matters for the jury.[178]

Done.

Now everyone ssh.

 

[GeriaticJones]

Snow fox
..not if democracy silences you first

 

[harrisony]

Is this an ethical or legal question?

 

[Riproot]

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.

Because:
1. It is the law.
2. YOU should be responsible enough to be able to determine it, and if she says later that she can't remember ANY part of the night leading to or after the sex act(s) that means she was intoxicated, which makes it rape. Pretty much it's her words against yours and people would be more likely to believe the victim.

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.

Showing the signs of being intoxicated:
- Slurred speech
- Stumbling
- Slowed reaction time
Again, this is COMMON SENSE
IF YOU'RE INTOXICATED AS WELL THEN IT IS MUTUAL RAPE (writing this is capitals because you obviously didn't read it BEFORE)

If their intoxication is enough to say they are in a "grey area" then they are too intoxicated for you to have sex with. Fuck.

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'.

If there is enough confusion to say "hey, this may be a grey area" then you should be responsible enough to weigh out the consequences and make a decision on how to act. i.e. DON'T HAVE SEX WITH THEM.

If you are hungry and see a berry in the forest that you're pretty sure is poisonous because you've seen something like it on a tv show do you eat it because you're unsure or do you leave it and get something safe to eat?

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

You're the one talking about resorting to rape/sexual assault to "get with" a girl.

 

[soloooooo]

ok but seriously. i always carry one of these with me.

25 is the magic number.

I fail that and I am sober at the moment.

 

[Lolsmith]

Seriously though this isn't a real discussion about a real issue

It's just a shit flinging fight that's spewed out of Non School into a more academic section and it's pretty annoying

especially when there are heaps of rape threads already

 

[Riproot]

Is this an ethical or legal question?

Both.

 

[Riproot]

Seriously though this isn't a real discussion about a real issue

It's just a shit flinging fight that's spewed out of Non School into a more academic section and it's pretty annoying

especially when there are heaps of rape threads already

No, I was actually disgusted and wanted to see if everyone thought the same (luckily it's only that retarded Annihilist) and see what arguments people have against it.

And I was having a discussion about it the other day after my party with a few people that were there and some people made good points on both ways and I wanted to see what the internet had to say, what shadow said just sparked my memory.

lowered inhibitions doesn't necessarily mean out of your mind drunk/incorrect state of mind

It wasn't specified so I assumed.

 

[kaz1]

If it is a real law, probably put in by the feminist lobby.

 

[soloooooo]

Feminists had their place once. Although now women have equal rights in everything and it is arguable they have even more rights in fact. Thus feminists are no longer needed.

 

[Andrew Baron]

Feminists never had their place, unless that place were to be tied up with their backs to a wooden post while flames surround and rose or the seat of a dunking chair.

 

[kaz1]

Classic case of being almost raped.

You choose to get shit faced you take responsibility for all the things you do when you are shit faced.

 

[7oas7y]

If she's drunk enough to remember it, then she's not intoxicated enough for it to be considered rape.

If she's too drunk to remember it, then she won't remember it so as long as nobody tells her, there is no problem. And it's probably not even rape assuming she has given consent at the time of copulation.