Okay, I went to college in New York state and found out that if I went to a party and I got drunk and a willing and sober girl has sex with me and then wants to screw me over, I can be charged with rape. Let me make this clear, the way that the law is written if a substance is involved in either party, the guy could be considered to be a rapist.
HOW IS THAT FAIR?
2006-07-19 07:16:56 · 19 answers · asked by cj k 4 in Politics & Government ➔ Law & Ethics
Just wanted to say that thankfully this did not happen to me.
2006-07-19 07:31:53 · update #1
Mainly this can happen because rape laws tend to be one sided against the male. Is this right, no, not by a long shot. How many cases of a guy getting raped by a girl have you heard of? How many guys would admit to it even if it happened? Do you think that it still has mental and physical effects on the guy?
Now, for an attempt at getting 10 points:
It has been a long held belief that women are the weaker sex it is the responsibility of the men to protect them even from their own actions. As a man if you are drunk to the point that you no longer have your good judgment to act in a proper and upstanding manner in regards to this "innocent flower". If you can no longer act in that morally upstanding manner to protect, no save this poor sweet woman from her own lustful, carnal thoughts to have sex with you - Clearly you have taken advantage of the situation to act in an irresponsible manner thus causing the "rape" of this.. err innocent woman that forced herself onto you.
How's that?
2006-07-19 07:47:16 · answer #1 · answered by Lydi 2 · 2⤊ 3⤋
There is unequivocally nothing in the New York Statutes that could reasonably be interpreted as saying this. In essence, state law makes it a crime to engage in any sexual act with someone who is incapable of consent, which would include being intoxicated or unconscious due to alcohol. Therefore, the sober girl would be the one violating the law.
However, it is possible that if two drunk people have consensual sex they could both be charged with rape/assault, but usually only the male participant is.
2006-07-19 08:21:28 · answer #2 · answered by James 7 · 0⤊ 0⤋
That isn't fair. Sadly girls like her are the reason REAL rape victims are not believed and therefore do not want to come forward. I could kind of see it if the girl was drunk and you were sober but either way if she didn't say no it is not rape. I hate girls that get guilty about their own behavior or feel the need to get back at the guy (He didn't call me back so I'm going to screw him over) so than they do something to get back at you. What they don't realize is rapist is a lable you'll never get rid of.
I hope you have a really good attorny.
2006-07-19 07:25:40 · answer #3 · answered by butterflykisses427 5 · 0⤊ 0⤋
1. Find the statute or case law that this references and read it yourself. Often times people will misinterpret the law. If a law has been enacted that violates Constitutional rights this law can and likely will be challenged.
2. Consensual sexual intercourse, between adults, can not be criminally punished.
3. The addition of drugs and alcohol into the equation seems to indicate the intent to criminalize drugging a person and then engaging in sexual conduct with an incapacitated person.
I think we can all agree that drugging a person to have sex with them should be considered rape.
2006-07-19 07:41:13 · answer #4 · answered by Old Money 3 · 0⤊ 0⤋
The fact that you were drunk means YOUR judgement was impaired and your memory is suspect at best. The drunk person is almost always the one making the bad decisions, as being stupid (in the case you cite) is not yet a crime. I mean a stupid person would be attracted to a drunk.
I guess you should not get drunk and you should be more careful who you associate with.
2006-07-19 08:26:32 · answer #5 · answered by aka DarthDad 5 · 0⤊ 0⤋
Wow......that would really put a crimp in college life. Is there anything in there that talks about age of the participants or the amount or substance that was used? Do you have to be registered to a college? What if your not in college, does that count? I have a lot of questions as I am sure you do to. Could you please provide a link for your source of information.
2006-07-19 07:26:52 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Get as many witnesses as possible to testify that YOU were intoxicated & she was sober, willing and able. You could even type a letter to this effect have it signed & notorized.
Good Luck, it's girls like that who wreck the system for those who have ligitimate complaints.
2006-07-19 07:23:33 · answer #7 · answered by T S 5 · 0⤊ 0⤋
Without referrig to the NY criminal code, I would suppose that the impairment of the alleged victim by alcohol or other substance legally precludes her from giving consent due to diminished capacity.
2006-07-19 07:21:36 · answer #8 · answered by Mr. October 4 · 0⤊ 0⤋
Anyone can be charged with anything.
It would be up to the courts to see the evidence that the sex was not consentual (or was, depending)
The moral of the story is, don't drink so much that you have no idea of what is going on with your life, OK?
2006-07-19 07:21:07 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Well, she would have to do it within a reasonable amount of time because you would have to have tox screening and stuff done to see if alcohol or chemical abuse WAS involved. If they can't prove that, then that part probably wouldn't hold up in court unless someone had pictures.
2006-07-19 07:22:06 · answer #10 · answered by Cassie 3 · 0⤊ 0⤋