If someone wakes up from sex after getting drunk, is it rape

[MrMan]

Here is my question. If someone wakes up in the morning after having sex, should that ever be classified as rape?

Now that you have thought of the answer, imagine the person who woke up after getting drunk was you, and the one who had sex with you was a dude. You have no recollection of the night before. Should that be counted as rape or some kind of sexual crime?

[Ghost]

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[jamesbond]

[jamesbond]

[MarcosZeitola]

Rape is having sex with someone against their will. When you CHOOSE to get drunk, and you CHOOSE, in your drunk state, to perform any sort of sexual act, you did not get 'raped'. You got drunk by choice, had sex by choice, and the next morning when sobered up you may hit yourself in the forehead but it still happened and regrets or no regrets, you can't take back the consent you gave.

Drunk sex, sober sex, sex is sex. A yes is a yes, and unless you had a knife to your throat while uttering said yes, you were NOT raped.

[hammanta]

Rape is having sex with someone against their will. When you CHOOSE to get drunk, and you CHOOSE, in your drunk state, to perform any sort of sexual act, you did not get 'raped'. You got drunk by choice, had sex by choice, and the next morning when sobered up you may hit yourself in the forehead but it still happened and regrets or no regrets, you can't take back the consent you gave.

Drunk sex, sober sex, sex is sex. A yes is a yes, and unless you had a knife to your throat while uttering said yes, you were NOT raped.

I somewhat disagree; there is a limit. A little drunk is one thing, but if the person is stumbling over and can barely speak, there's no way they can legitimately consent. Rape is the act of having sex with someone without consent. If you are too stone cold drunk to know what you are doing you cannot possibly consent. You don't black out after a few beers or a few shots, you black out with an extremely high BAC that highly affects and skews your decision making skills (if you have any at all at that point). An overly drunk person lacks reasoning abilities and should not be considered fair game.

The tricky part, however, is if both partners are drunk and just how drunk they are. I do not agree with a person waking up from a night of sex with regret and thinking its rape. But I also don't agree with a person taking advantage of another person's drunken, lack of rationale state.

[Yohan]

I think, rape laws need a major overhaul, away from feminism, in many Western countries.

Nowadays rape laws, which should define what is rape and what not in Western countries are so complicated, that nobody really knows anymore how to interpret them. I remember an open letter by the Australian bar association asking for more explanatory notes of these laws as otherwise every man who has any kind of sexual relationship with a woman might be considered as a rapist in some sense.

I also remember a case in Sweden, where judges were unsure if they should convict a man of rape and were asking for 3 days of consultation as the law was unclear for them in this case. Julian Assange is also a good example about what rape could mean, up to broken condoms etc.

Another problem is about the statute of limitation and about anonymity, it is ridiculous that women many decades later are allowed to file lawsuits against men accusing them of rape.

False rape allegations remain also a matter of concern, such rape laws are prone for abuse. If proven the allegation was deliberately done against an innocent man, not much happens to the false accuser.

Basically in Western law, the smallest consumation of alcohol, or the smallest amount of any drug which could cause fatigue - even if the man is not aware about it - can be used to claim rape many years later on after changing the boyfriend even if full censent by the 'rape-victim' was given.

The question remains what is if both are drunk, agree, and later she regrets. There are examples of 'spousal rape' where a malicious wife was looking for a lucrative divorce - drinking some alcohol, asking the husband for sex, claiming rape and move on to her new boyfriend.

The present laws are a legal chaos making defense difficult for men, there is already talk about CCTV, voice recorders, even consent forms.

Disgraced male feminist sex-professor Hugo Schwyzer created an example called 'accidental rape', where he was sleeping with one of his female students, an adult, not drunk and not under drugs, who gave clearly full consent, but 'did not feel comfortable' with that. What should this mean?

The only good solution I know is to have no private contact with females in Western countries at all.

Such biased laws which can be used against you even many years later solely out of the bad mood of a psychotic female should be a major reason for any man to stay away from any sexual relationship with a woman.

[Jonny Law]

YES! It should be a crime. It sucks for society. The woman should be in Prison. Spreading her STDs and getting bastard children without knowing who the father is. Of course tax payers will pay the bills to raise the child.

Here is my question. If someone wakes up in the morning after having sex, should that ever be classified as rape?

Now that you have thought of the answer, imagine the person who woke up after getting drunk was you, and the one who had sex with you was a dude. You have no recollection of the night before. Should that be counted as rape or some kind of sexual crime?

[OutWest]

Here is my question. If someone wakes up in the morning after having sex, should that ever be classified as rape?

Now that you have thought of the answer, imagine the person who woke up after getting drunk was you, and the one who had sex with you was a dude. You have no recollection of the night before. Should that be counted as rape or some kind of sexual crime?

I suppose that getting drunk with fags is a really bad idea. It's much better to get drunk with beautiful girls if you must get drunk. Better yet, stay sober, and keep your beautiful GF handy...

[Cornfed]

I somewhat disagree; there is a limit. A little drunk is one thing, but if the person is stumbling over and can barely speak, there's no way they can legitimately consent.

Yet if someone in that state chose to drive a car, we wouldn't object to him being arrested for DWI. Indeed his level of intoxication would be seen as an aggravating factor of the crime which he would be seen as choosing to commit.

[Wolfeye]

Sometimes people wake up with no memory of what happened because of drugs in their drink, not from being THAT drunk. If someone's so drunk that they're passed-out, of course it's an attack. If they're damn near that level, I guess it could be considered that as well. Rape is imposed penetration, but if some chick is drunk & keeps dealing the guy to do her- I don't know, since she's able to size things up enough to make an effort to get laid.

I always have the guideline of asking if she's too drunk, flat out. You're not too drunk are you?" "No, I'm good." "You sure you're not too drunk? I'm not trying to "turn your decisions on or off," but I figure I should make sure- you know?" "Yeah, I know- I'm good, though." Maybe as an explanation (because it COULD come off like you don't want to go to bed with her & are looking for a way to not hurt her feelings): "Okay, I figure if you're able to make that point coherently & at all you must not be out of it or anything- let's go."

Not real hard & how much of a bitch is she really going to act like over that? If she DOES get pissed (since it can come off as condescending) & you explain yourself, she's probably only going to be a bitch if she was going to be a bitch anyway. Maybe she was going to pull a "bait & switch" on you. Maybe she was even going to make accusations without any thought about if they really apply- she didn't really care that you worried about things one way or the other.

I doubt she'd be going to that length to deliberately set someone up & she'd wouldn't be looking go jeopardize the situation if she was, anyway. That said, some women connect "regret afterwards" to "not wanting to" & that's a pretty f***ing stupid thing to do, but it could cost you severely while all the connections finally get made in her head & a jury might also be that knee-jerk stupid (if it goes to that point). Couple of extra charges by the cop ("resisting arrest," "assualting an officer," maybe some kind of "public endangerment"), now it looks even worse for no reason- since accusations are just that & an innocent man wouldn't accomodate attack just because someone else COULD deserve it. Actually, a real "good person" wouldn't suggest that someone take the hit that someone else in a different situation would have coming- since this would, in itself, be an injustice.

"What if a bad guy did that?" "Well, that would be an injustice, but there's no exchange of situation by imagination."

[Wolfeye]

Sometimes people wake up with no memory of what happened because of drugs in their drink, not from being THAT drunk. If someone's so drunk that they're passed-out, of course it's an attack. If they're damn near that level, I guess it could be considered that as well. Rape is imposed penetration, but if some chick is drunk & keeps dealing the guy to do her- I don't know, since she's able to size things up enough to make an effort to get laid.

I always have the guideline of asking if she's too drunk, flat out. You're not too drunk are you?" "No, I'm good." "You sure you're not too drunk? I'm not trying to "turn your decisions on or off," but I figure I should make sure- you know?" "Yeah, I know- I'm good, though." Maybe as an explanation (because it COULD come off like you don't want to go to bed with her & are looking for a way to not hurt her feelings): "Okay, I figure if you're able to make that point coherently & at all you must not be out of it or anything- let's go."

Not real hard & how much of a bitch is she really going to act like over that? If she DOES get pissed (since it can come off as condescending) & you explain yourself, she's probably only going to be a bitch if she was going to be a bitch anyway. Maybe she was going to pull a "bait & switch" on you. Maybe she was even going to make accusations without any thought about if they really apply- she didn't really care that you worried about things one way or the other.

I doubt she'd be going to that length to deliberately set someone up & she'd wouldn't be looking go jeopardize the situation if she was, anyway. That said, some women connect "regret afterwards" to "not wanting to" & that's a pretty f***ing stupid thing to do, but it could cost you severely while all the connections finally get made in her head & a jury might also be that knee-jerk stupid (if it goes to that point). Couple of extra charges by the cop ("resisting arrest," "assualting an officer," maybe some kind of "public endangerment"), now it looks even worse for no reason- since accusations are just that & an innocent man wouldn't accomodate attack just because someone else COULD deserve it. Actually, a real "good person" wouldn't suggest that someone take the hit that someone else in a different situation would have coming- since this would, in itself, be an injustice.

"What if a bad guy did that?" "Well, that would be an injustice, but there's no exchange of situation by imagination."

[hammanta]

I somewhat disagree; there is a limit. A little drunk is one thing, but if the person is stumbling over and can barely speak, there's no way they can legitimately consent.

Yet if someone in that state chose to drive a car, we wouldn't object to him being arrested for DWI. Indeed his level of intoxication would be seen as an aggravating factor of the crime which he would be seen as choosing to commit.

Solid point.

But there is a difference in being the culprit and being the victim. In this case the girl being blacked out and incapacitated is not breaking a law. She is not endangering anyone or anyone's property. I would attribute the drunk driver as the culprit.

[Jonny Law]

Yes throw the bitch in jail. In Afghanistan that chick would be in prison where she belongs or stoned to death for Moral Crimes.

http://www.hrw.org/news/2013/05/21/afgh ... ral-crimes

Thanks and Enjoy

[Wolfeye]

Jonny Law: You're a sick f**k! Someone deserves to be in prison or be stoned for running from a bad situation? Or for "having sex outside marriage"? The actual situation isn't deserving of that, but getting raped is treated the same way (so is killing someone in self-defence of that situation).

All the shit that got mentioned, you support? Which do you like best? Beatings, burnings, or honor killings? How about rape? Is the regular version or the forced prostitution your favorite? Maybe you only like all this if it happens to children?

Well, maybe you're such a fag that you don't want women around- that way you figure some guy will f**k you in the ass? Don't know what your deal is with children- I guess you're just f***ed-up.