well first, as far as i remember the american justice system usually favors females in cases of rape, which if that is still true, sadly that means even if both parties are very drunk, the male can be charged with rape
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Drunk sex considered rape?
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Women, and men, can legally claim rape if they feel they were taken advantage of while intoxicated.
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really? even if both parties are drunk?
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yep, That's how the laws are in the US, they're different in Israel though.
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wow, i seem to have heard somewhere (maybe even this site) that even if both parties are drunk, the male will be charged with rape
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thats only if the female is the one that claims rape. the man can claim it too, you know.
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What happens if they both claim it?
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It's always been my experience (with reading the papers and such) that juries are almost always inclined to believe a girl's word over a guy's, regardless if the evidence is equal to both.
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Originally Posted By: JEDI-ALCHEMISTAnd I agree with raven if she's drunk or high and if she consents when she's high/drunk then yeah it's rape. And if he's also high/drunk, by your definition, she's also raping him.
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rape laws are totally out of wack... i wouldn't risk it. unless you get her permission while sober, "yes if i'm drunk you can have sex with me".
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Rape can be hollered at any time.Though, I don't think being drunk can be used as the excuse "I was drunk so I wasn't in a capacity to consent to sex"Especially since, drunk drivers are held accountable for their actions. "I was drunk, I wasn't in a capacity to know I couldn't drive safely"...Both considered lame excuses..Hope I made sense.
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you did, but I was reading it a different way.what if and this is how I read it because Iv seen it so many times at parties people trying to get them fucked up and take advantage of that.what if the girl is shit faced, unresponsive nearly passed out?Even if she was all over the guy all night while sober and then buzzed then drunk, its not permission granted.a good buzz? Yeah Ill say shes OK to make that choice, but sloppy ass drunk or passing out? No fucking way, VI been down that road, the black outs, and shit, hell Iv blacked out days at a time and woke up in other states with my truck back in Utah at one of the bars I started off at. I know I was up and moving to some degree, but I can not recall any of my actions, once I thought it was the next day and found out I was in fucking Wyoming 3 days later and had a new tattoo.
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But then you have to consider - what's to stop anybody from saying they were shitfaced and werent in any position to deny/agree anything? Even if they werent?I'm sure it's not too hard to fake an alibi to match that. Chances are no one is there in the first place to say otherwise (if there was, just say "s/he's trying to cover for that guy/girl", etc.I hope that wasn't too confusing.
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The problem is that people DO claim that they were taken advantage of simply out of regret or embarrassment. And some people even just lie out of spite or for revenge. Without any witnesses then all the judge has to rely on are the words of the alleged rapist and victim.
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Unfortunatly, there isn't a breathalizer or other wise to help out.But, I think shitfaced or not, it is NOT an excuse any more than drunk driving is. AND I still stand on, NOT an excuse for giving a guy some...SOOO, on that note, a guy needs to be careful, how can he prove it. His word against hers, usually. Sucks, but that is the truth of it all. She gets drunk,(to get the gumption) has sex with a guy she doesn't like, just so she can holler rape...happens.
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you missing my point my dear pepsi.Im talking about guys taking advantage of girls who are assed out passed out drunk. Iv seen it more than once and stopped it each time I saw it happening.If shes drunk she can say now, i shes unconscious its not her choice. THAT is the situation Im talking about and it happens all the time, she passes out and wakes up to find out shes been fucked.I cant think that anyone would not define that as rape.
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Ooops...re read!
GOTCHA...passed out IS rape, even if she said she was game earlier.
Go fuck a dead person at that point. At least they don't tell...And yes, I am in a twisted state of mind.
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Thats funny as im currently wearing a shirt that sys I wish you were dead! and no, its not just because Im a necrophiliac! says: