If you were really drunk and remember leaving somewhere with a few 'friends' (1 girl 2 guys) you feel a sleep and when you woke one guy was having sex with you but you can't say for certain if you consented or not because you were so drunk .Do you think it's rape?The person im talking about has long since dealt with it
2006-06-30 03:31:34 · 28 answers · asked by crazywildbird 1 in Health ➔ Other - Health
He definitely took advantage, but if it happened a long time ago, you may have a hard time proving it. And just so you know, 'i was drunk' is never an acceptable excuse in court!
2006-06-30 03:36:03 · answer #1 · answered by whoanelly00 5 · 1⤊ 0⤋
It is technically considered rape if the person is not able to consent or reject or if the person is in an altered state of mind due to drugs, alcohol, etc. Scary thought for us guys, pick up a drunk girl who has second thoughts the next morning, and you could be on trial for rape.
2006-06-30 03:36:35 · answer #2 · answered by robotripper989 2 · 0⤊ 0⤋
It probably is rape because you're not in a concious frame of mind when drunk, but also, getting in getting drunk you should realize the consequences for your actions. Most courts would take the woman's side because the guy should know better than to take advantage of a drunk girl... but I, personally, would put fault on both sides (unless drugs like a rufee is involved).
2006-06-30 03:39:12 · answer #3 · answered by Procrastn8r 2 · 0⤊ 0⤋
Rape indicates a lack of consent. You aren't sure whether consent was granted, so you can't be sure it was rape in that sense. One might argue that because of the woman's drunken state, any grant of consent would be meaningless. While this is probably true in an ethical sense, it is not likely true in a legal sense. One thing is for sure, whether it is rape or not, both the woman who was so drunk she can't remember, and the man who didn't care whether she was sober enough to offer meaningful consent, both need help.
2006-06-30 03:37:29 · answer #4 · answered by nkasoff 3 · 0⤊ 0⤋
I think people have been getting drunk and having sex for a long time, sometimes people just wanna get smashed and get laid...not necessarily in that order, because there is such a thing as 'too drunk to ....' but hey, party on, choose your drinking buddies carefully....if you end up chewing off an arm, it's on you! LOL
2006-06-30 03:36:15 · answer #5 · answered by gokart121 6 · 0⤊ 0⤋
Did you stop when you realized what was going on? At the piont of realizing it then thats when it should have been stopped. If he continued after you (or her) said no, then yes. You wouldn't be able to press any charges if one: you don't remember giving consent or not and 2: continuing after the point of realizing what is going on. It is a grey area that you or her is in.
2006-06-30 03:38:15 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Personally I don't think your case would hold up too well in court. There is no way to tell. Did you go to a doctor right after. They could tell if any drugs were involved (maybe date-rape drugs). You also have to consider that you may have been the one to suggest it. Also, he may have been in an impaired judgment state as well.
2006-06-30 03:37:48 · answer #7 · answered by Titainsrule 4 · 0⤊ 0⤋
Yes I think it is b/c you was a sleep. He could have waited until u woke up before doing that, 2 see if u wanted 2 or not!! That's really bad....I am soo sorry you went through that!
2006-06-30 03:36:55 · answer #8 · answered by fly_away_amy 1 · 0⤊ 0⤋
That is a tough call. In the eyes of the law, if she was not in a state of consciousness, yes it can be construed as rape, probably date rape. I think the person was taken advantage of because of her drunken state and that anyone who is around a person THAT intoxicated should definitely avoid any sexual contact with them.....tell her to ask herself "would she have had sex with him sober?"......
2006-06-30 03:36:18 · answer #9 · answered by Girl 5 · 0⤊ 0⤋
YES IT IS!!!!!!! JUST BECAUSE UR DRUNK DOESNT MEAN ANYTHING.......they are taking advantage of a girl who is incompasatated(sp wrong) who is not in the right state of mind to consent to anything.......trust me i watch too much Court TV(yes i know that geeky) but yes hun it is considered rape........good luck with everything
2006-06-30 03:36:47 · answer #10 · answered by bear 3 · 0⤊ 0⤋