If a man and a woman are drunk and the woman initiates sex but the man doesn't stop it, is he guilty of rape?

Question

Or is she guilty of rape? Or are they both guilty of rape? Personally I think no one raped anyone, but feminists typically say the man raped the woman, which seems to be a double standard because if that is true, the woman also raped the man.

By "doesn't stop it" I mean he doesn't stop her from having sex with him. Feminists say a woman can't consent when she's drunk so it's the man's responsibility to stop it if she's trying to have sex with him. I'm saying, if she can't consent when he's drunk, neither can he.

Answer 1

Let's think for a moment, if both are drunk and he initiates sex, radical feminist do call it rape and they have had men tried for rape under that situation so.....if we use those terms, yes it is rape and SHE should be charged for it.

WHO OWNS YOUR SPERM?
http://www.shatterdmen.com/Who%20owns%20your%20sperm.htm

Duke Case: Unusual Only Because The Prosecutor Got Caught
Now that the Duke Lacrosse players have been declared innocent by the new district attorney, we're being told that this is an unusual case caused by one out-of-control prosecutor. It's not. The only thing unusual about this case is that the innocent victims of false accusation had the resources to defend themselves against the overwhelming power of the state. Just as rape is unquestionably a serious problem, so too are false accusations of rape. Too many prosecutors fail to recognize that it's not an either/or choice. Both are true.

Since most of those falsely accused of rape lack the resources to defend themselves, the system convicts many innocent men. Even when the accuser later owns up, the system resists correcting the injustice. Consider Illinois' notorious prosecution of Gary Dotson. Dotson's accuser spent half a decade guilt-ridden over having put an innocent man in prison. When she finally confessed, prosecutors didn't want to hear it. They had reason to stonewall. State police forensic scientist Timothy Dixon had given perjured testimony.1

Wrongdoing by the city of Marlborough, Mass. resulted in a $13.6 million judgment against them for causing the imprisonment of an innocent man. Eric Sarsfield, who spent nearly a decade in prison for a rape he did not commit, says he and the rape victim were "manipulated, cheated, and betrayed by law enforcement officers more interested in closing a case and getting a conviction than in playing by the rules."2

Nifong is no "rogue prosecutor". In too many places in the country, Nifong's behavior is standard operating procedure.

Our system has become so disinterested in protecting the rights of the falsely accused that some people now think making false accusations is a good business plan. In Sacramento, Calif., Jessica Langshaw falsely accused three men of rape and five others of sexual assault in order to extort $500,000 from them.3

Objective research indicates that about half of reported forcible rape accusations are false.4,5 That also means that about half are true. A blanket policy of treating all accusations as true causes just as much harm to innocent people as would be caused if the policy were to treat all such accusations as false.

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1 http://www.law.northwestern.edu/depts/clinic/wrongful/exonerations/Dotson.htm

2 http://www.telegram.com/apps/pbcs.dll/article?AID=/20061007/NEWS/610070361/1116

3 http://www.da.saccounty.net/pr/030417_langshaw.htm

4 McDowell CP. False allegations. Forensic Science Digest, Vol. 11, No. 4, December 1985

5 Kanin EJ. An alarming national trend: False rape allegations. Archives of Sexual Behavior, Vol. 23, No. 1, 1994 http://www.sexcriminals.com/library/doc-1002-1.pdf

Answer 2

That's a tricky question, actually. I would say it's more common for a man to get turned down for sex in a situation where it's a physical and social possibility, but the question of how much of that is biological (i.e. the man inherently being more interested in sex because a stronger libido is inherent to men) and how much of that is social (i.e. a man would be afraid that admitting that he's not in the mood would seem unmasculine just as a woman would be afraid that agreeing too eagerly and too often to sex would seem unfeminine) is an open question. And the way you've phrased it hits exactly on that - even if a man and a woman are having sex, it might not necessarily be that the man wants to, and even if they aren't, the woman's disinterest might not be entirely honest. I don't know what the answer to that is. I can say though, that a few years back, I've had sex that I wasn't really into on occasion.

Answer 3

I would say no, from the situation that you gave. I need to know the whole story. As far as I am concerned you can't change your mind after the sex and call it rape. If you make a bad decision because you were drunk, that isn't rape either. Thats your own fault for getting so drunk.
This does Not mean I think people who drink deserved to be raped. This means that if someone gets drunk and then has sex and regrets it later, that is their own fault.

Answer 4

I've been raped a lot based on the feminist definition because I was drunk and slept with a woman that normally I wouldn't sleep with.

There's huge double standards with many things.

Answer 5

Being inebriated is not necessary to provide a basis for rape. A woman can charge rape months, even years, after the act in the right circumstances. She can most definitely yell "rape" the next morning, and many do, when she realizes that she must either file rape charges or admit she's a ho.

That being said, there have been many rape charges filed because both were intoxicated, which seems odd to me. Logic dictates that if both were intoxicated, rape would either go both ways or neither, however, many women see it as rape even when the man is just as drunk as the woman. It seems that when all else is equal, woman have to have a bit extra in everything: feminist defintion of 'equality'.

Answer 6

Clearly you're leaving something out of this question. If a woman initiates sex and a man doesn't stop it, there's no rape. If either person is initiating any kind of intimacy, and the woman decides to stop, AND tells the man to stop, and the man doesn't stop, then it's rape. Why would you want to make excuses for a rapist? Either it's rape or it isn't. Loaded questions that leave out details just causes problems, not solutions.

Answer 7

Rape is a form of assault where an individual forces another to have sexual intercourse against that person’s will. There is no universally accepted distinction between rape and other forms of assault involving one or both participant's sexual organs. Some criminal codes explicitly consider all kinds of forced sexual activity to be rape, whereas in others only acts involving penile penetration of the vagina.

In most jurisdictions the crime of rape is defined to occur when sexual intercourse takes place (or is attempted) without valid consent of one of the parties involved. It is frequently defined as penetration of the anus or the vagina by a penis. In some jurisdictions the penetration need not be by penis but can be by other body parts or objects.

The lack of valid consent does not necessarily mean that the victim explicitly refused to give consent. Generally, consent is considered invalid if it is obtained from someone who is:

Under any kind of duress (force, violence, blackmail, etc.)
Judgementally impaired or incapacitated by alcohol or drugs (legal or otherwise)
Mentally impaired whether by illness or developmental disability
Below the age of consent defined in that jurisdiction


Providing both parties were consensual, no rape has occured.

Answer 8

Did both people purposefully intoxicate themselves?
If so then it is not rape.
It is not rape just because someone drank themselves into stupidity.
It is not the other person's responsibility to identify if the person they are sleeping with is drunk.
Here is a judicial ruling confirming as such:
http://www.dailymail.co.uk/pages/live/articles/news/news.html?in_article_id=444804&in_page_id=1770&ct=5
No intent to commit a crime existed.

One must not drink so mush such that they cannot think responsibly if they are worried about this.

Answer 9

It's only rape if she complains or said stop during the act. If you can prove both of you were drunk and she initiated it I doubt you would get convicted.

Answer 10

It is rape if one person says no and the other person doesn't stop. If neither person says no in the first place, there is no rape.

Answer 11

Impaired judgement --yes!
Rape? Not enough information to determine.
You do not say whether one party was trying to get the other one drunk (implies intent).

EDIT@Phil: If we could overcome this attitude: "when she realizes that she must either file rape charges or admit she's a ho."
then perhaps the woman would not be inclined to yell rape
(I am not conding the practice of filing false rape charges).

Honestly, don't people understand the consequences of spewing a demeaning attitude all over the place?