I was at a new years party to celebrate the new year and I had a chance to make out and have sex with a girl, but I didn't jump on the opportunity because I was worried that I can be charged with rape. She was obviously drunk, but still coherent. I was also as drunk as she was. We talked and then I put my hand around her. Then we started to kiss. She tried to do more, but I didn't let her because I wasn't sure if something like could get me jail time.
Is it a Crime to have sex with a girl that has had to much to drink. How much does see have to drink in order to not be able to consent to having sex. What happens if both people are drunk.
2007-01-02 06:15:13 · 4 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I think you did the right thing by stopping when you did. Although it's not a crime to have sex with someone who is intoxicated, it is pretty dicey. If she (or you) was so intoxicated to the point that you can't legally give your consent to sexually activity, then it would be rape.
Especially if you don't know somebody real well and how much they've had to drink, you're better off waiting until she's sober and see if she's still interested.
Sounds like you did the responsible thing and should be commended for it. Not many people will do that these days (damn, that makes me sound old).
2007-01-02 08:43:37 · answer #1 · answered by Oppenheimer 3 · 0⤊ 0⤋
You did the right thing - it's not worth the risk = she may have made the moves but next day she may start to worry what her boyfriend has to say - and shouting 'rape' is a good way to get out of looking like a slut).
You can always be charged if the girl (or guy) makes a complaint. So what you are asking, is would you be convicted ?
In UK the law is under review. At the moment, if she makes the initial moves (with witnesses) and you 'believed' she was still capable of giving consent and she did not resist in any way, there is little chance of conviction.
This may change to an assumption that drunk people are incapable of giving consent. If that happens you had better make sure you have witnesses.
If you are drunk too, I would expect it is more likely you would be convicted (because no-one is going to believe you were capable of controlling yourself).
2007-01-02 16:46:26 · answer #2 · answered by Steve B 7 · 0⤊ 1⤋
GREAT decision. That is a tough question. While at the time she consented (under the influence) she may not recall the situation. Which in this case could constitute rape. The only item in your favor would have been the party crowd (witnesses). It would be tough to get people to substantiate your story partially because they may have been in the same frame of mind as you.
Regardless.....Good job with your decision.
2007-01-03 16:44:11 · answer #3 · answered by ratdog 3 · 1⤊ 0⤋
Thats why u shouldnt get DRUNK!
2007-01-02 17:43:29 · answer #4 · answered by Anonymous · 0⤊ 3⤋