The last post about rape got me confused. If both the man and woman are drunk, is it legally rape or not? Does anyone know the actual laws? I can't get a straight answer on line. All the websites just say that if the female is drunk, then it is rape. But there is no mention of the mental state of the male.
2007-02-23 06:06:32 · 10 answers · asked by Suraj K 1 in Social Science ➔ Gender Studies
When it comes to sex women are considered to be children. It is your responsibility to make sure she is not intoxicated. Best thing is to make her sign a contract where she gives her consent. I kid you not, those contracts exist.
2007-02-23 09:37:20 · answer #1 · answered by Anonymous · 1⤊ 2⤋
There is no actual law regarding this, either way. If a girl is intoxicated, the case can be made that she was unable to give consent, depending on the level of intoxication, and thus the guy can be charged. I believe that Great Britain may have actual laws regarding this, but I'm not sure. But really, if the woman is coming in and out of consciousness, and can barely speak, that woman is in no condition to consent to anything, and it is best to leave her alone. As for the man also being drunk...I think that would be addressed case by case, during the trial.
2007-02-23 08:52:14 · answer #2 · answered by wendy g 7 · 0⤊ 0⤋
You will have to check the specific laws in your state. Try a search on "Criminal laws in ______" Then look for "Sexual assault" or "Rape".
If a state considers sex with a drunk woman to be rape, it will still be considered rape if the man is drunk, though they may elect not to prosecute, or to give him a lower sentence. This is because most crimes require an element called "culpability". That is, did the person committing the crime know he was committing a crime? If a person is mentally impaired, or under "heat of passion", sometimes there are lower penalties for committing that crime, because they have lower culpability.
The local prosecutor's office could give you a very quick answer to the question, and it'd reflect the reality not just of your state, but your area, and the prosecutor who enforces the laws.
2007-02-23 06:15:00 · answer #3 · answered by The Avatar 3 · 1⤊ 0⤋
Yes if she is drunk she could not have consented. It is disgusting that juries let men get away with this, as this article shows:
http://www.dailymail.co.uk/pages/live/articles/news/news.html?in_article_id=420937&in_page_id=1770
"Three years ago the Government brought in new laws to try to get more guilty verdicts. The 2003 Sexual Offences Act changed the rules so that a defendant in a rape trial could no longer defend himself by claiming he honestly believed the woman consented.
Since the Act came into force, a defendant has had to pass a tougher test and show it was reasonable for him to believe she consented."
He must prove she consented. A guilty rapist until proven innocent. And she can't consent if drunk. Who cares about the man only men can commit rape.
"It said that when jurors believe a woman was intoxicated, it is reasonable for a man to take her silence as consent to sex.
The findings are compelling fresh evidence that juries composed of ordinary people are unwilling to comply with Government demands to deliver more convictions for rape."
So these juries influenced by the patriarchy refuse to convict someone guilty of rape according to the law! The laws need to be tighter to stop the patriarchy from affecting court room decisions through juries!
"Earlier this year Solicitor General Mike O'Brien said rape conviction rates were "unacceptably low", with only 751 convictions from more than 14,000 rape allegations in 2004."
That's right. Just because there is not enough evidence that a rape took place means that we need to start convicting without evidence. Guilty until proven innocent was a good start, now all we need to do is get rid of juries to get more men convicted!
2007-02-23 12:47:05 · answer #4 · answered by Anonymous · 0⤊ 1⤋
The actual laws about rape can best be given from the victim.not from the point of trying to justify an act of selfish gratification.The damage is real. and the price is costly.
2007-02-23 07:27:36 · answer #5 · answered by Anonymous · 0⤊ 1⤋
"What are the laws on rape?" You say you 'can't get a straight answer online"? Of course you can't get a one-size-fits-all answer: look up the relevant statute in the criminal code of the country in which you live.
2007-02-23 16:45:40 · answer #6 · answered by Anonymous · 1⤊ 1⤋
You can't give consent while intoxicated, so if both are drunk it will be a legal quagmire.
2007-02-23 06:59:42 · answer #7 · answered by WangDangSweetPoontang 4 · 0⤊ 0⤋
I guess the law is assuming that the male is always willing and can't be the victim.
2007-02-23 06:42:15 · answer #8 · answered by raggnaar 4 · 2⤊ 0⤋
then people argue over who was 'more' drunk. some cases make it to trial, most are thrown out on lack of evidence
2007-02-23 12:19:05 · answer #9 · answered by Anonymous · 0⤊ 0⤋
To back up Cassius' answer:
http://www.youtube.com/watch?v=oV94KF82WR8
2007-02-23 11:25:22 · answer #10 · answered by Gabe 2 · 0⤊ 0⤋