Do you think people are always responsible for there actions intoxicated or not regarding date rape?

Question

US law states that people under the influence of drugs or alcohol are unable to consent to sex, but are still responsible for their other actions. A man/woman under the influence can say yes to sex the night of and then legally over turn it the next day making the partner a sex offender. A man/woman cannot commit any other crime and site intoxication as an excuse. The law is obviously hypocritical and leaves too much room for debate in the courtroom. I beleive that you are always responsible for your actions no matter what the circumstance.

Answer 1

Idiot alert on #1

Sometimes ppl drink to much by accident because they may be inexperienced drinkers. Does this mean they should be taken advantage of? No!

I think you are asking if the male is also drunk then why is he charged with rape? Right? Because the mental health association did research on this and concluded that a male, even while intoxicated, knows the difference between right and wrong... meaning he knows that he shouldn't do the action because the female is intoxicated and he is fully aware that crosses the line between actual consent versus taking advantage.

Btw, most states put this at the level of sexual assault not rape.

Answer 2

I think the question here is whether not an offender should be held responsible for the outcome (i.e. a man raping a women even though he was drunk or under the influence). In this case, he should definitely be held responsible for his actions. Even if he was drunk or high, he followed through on an urge to abuse another person. He/she should also be held responsible if they are in car accident or injury someone else while they are under any type of influence.

However, to say that it is the victim's fault for getting raped because she was drunk is a gross misappropriation. No person deserves to get raped (and yes, there are men who are raped as well). If you are assaulted in any way while you are drunk or high, this doesn't make your injuries your responsibility. But I apply the term "assaulted" to those who either refuse to engage in sexual (or any other) activity, or those who are passed out and unable to refuse or consent.

Likewise, the law is not meant to cover women who change their mind the next morning. Either you were raped or you weren't. And if you gave any kind of cosent, whether or not your were drunk, you still gave consent. So unless you were drugged, knocked out, unconscious, gagged, tied down, or required any other use of force to "agree" to sex, then you did say yes to sex. There's a difference between being raped and being stupid.

Answer 3

Well, is a person responsible for drinking so much that he/she lost the ability to consent? Yes, therefore no charges should be filed. Of course it cuts both ways, the guy is responsible for his behavior too. I am talking only about the case where someone says yes while drunk, then the next morning says no. Maybe next time this person will show restraint with the bottle. The case where someone is unconscious is different, though they are still partially responsible because they know what can happen if they get that drunk.

Answer 4

Some people take the date rape drug without even realizing it. Often a man will approach a woman at a bar and slip the drug into her drink when she is not looking. Then he'll take her home for the night and rape her when she is intoxicated. How can you lay blame on the victim in that situation?

But if they just get so wasted that they don't even know what they're doing... then it's their fault. They're just suffering the consequences for their actions. Those people need to learn about moderation.

Answer 5

Yes you are always responsible for your actions even if your drunk.
At the point I start to think that committing a crime is a good thing I'm to drunk to get up and usually pass out.
If your clear headed enough to have sex your not that drunk.

Answer 6

i agree with ya to a certain extent yes a person should be responsible for their own actions but no means no and some men and women do not see it that way plus you have to remember for young people when they drink especially the first couple of times they do not know how there body is gonna react and for people to take advantage is wrong.

Answer 7

yes
and the law and juries aregetting less and less swayed by such arguements, seeing how such famous date rape trials and DUI cases where people are killed, juries are finding people guilty of rape and murder same as if they were stone cold sober, as I belive it should be. It's like saying it's okay to kill in drive bys as long as your a minor, in many states . counties the youth are tried and convicted as adults, the only problem is that they will not give them the death penalty, personally i have no problem giving a 12 to 16 year the death penalty, as such people are incorrigable once they have reached that state and no longer belong in our society.

Answer 8

Yes

Answer 9

The problem is he says she says. I don't see how if both are alone and both drunk with no witnesses how there could be a charge of rape because nothing can be proven. There will always be reasonable doubt.

Answer 10

I think you should be . You made the CHOICE to drink. You are you .....drunk or sober. Do the crime-do the time.