Drunk sex considered rape?

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I was wondering if say I was drunk and a girl was drunk and we had sex, could she turn around and say it was rape or would we both be cleared since we weren't sober? Also we are both under 18.

Quote: could she turn around and say it was rape yea she could. If she did it would come down to you said, she said...and both would have to try to prove thier right and the other is lieing. i dk aboiut % of that happing. now her beign drunk and the guy not and taking advantage i'd think she'd be more likly to say somthing.i dk.. this is all guessing.  Quote: would we both be cleared since we weren't sober?So.. has she already turned you/him in? To be cleared you first have to be charged... they don't care if your drunk or high... you do the wrong, you serve the time. that's if your found guilty of the charge/charges.

if say I was drunk and a girl was drunk and we had sex, could she turn around and say it was rapeAs far as I can tell, a girl can say that whenever she wants after having sex. She doesn't have to be drunk to claim she got raped.You say she didn't get raped? Prove it.

In my honest opinion, yes, I think drunk sex could be seen as rape. When people get drunk, they don't act like themselves and their rational thinking goes out the door. Some people will take advantage of that. Even if they said "yes", they may have not understood to what they've agreed with. They may even have forgotten that they agreed to anything at all.If you're asking if drunk sex is rape from a legal stand point, I have no clue.  Quote:a girl was drunk and we had sex, could she turn around and say it was rapeYes she could. Like I said earlier, maybe she doesn't remember agreeing to mutual sex. Or maybe she'll feel like she was taken advantaged of and call out rape on you.  Quote:would we both be cleared since we weren't sober? Also we are both under 18.Being drunk doesn't excuse a possible rape. If she says she felt that you took advantage of her, I don't know how you can prove that it was mutual. This is why drinking and sex should NEVER be mixed. Even if both partners say yes.If she turned you in, you'll also be incarcerated for underage drinking.

What if you're both married and both consent to sex before you get drunk? And I agree with raven if she's drunk or high and if she consents when she's high/drunk then yeah it's rape.

Quote:And I agree with raven if she's drunk or high and if she consents when she's high/drunk then yeah it's rape. How is that automatically considered rape?

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

Women, and men, can legally claim rape if they feel they were taken advantage of while intoxicated.

really? even if both parties are drunk?

yep, That's how the laws are in the US, they're different in Israel though.

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

thats only if the female is the one that claims rape. the man can claim it too, you know.

What happens if they both claim it?

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.

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.

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".

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.

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.

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.

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.