Should having sex with a drunken woman be considered rape?

Question

Well, I was on a website (askmen.com) and it said that the U.K. is considering this move. What do you think?

here's the article...you have to scroll down a bit.

http://www.askmen.com/blogs/

Answer 1

hell yes it should! if this person knows shes so drunk that she can handle her self and he whants to have sex! hun that would be conciderd rape but its not illeglal.

Answer 2

No way. If she wasn't passed out, why should the drunken man be more to blame than the drunken woman? If she goes out with friends who will stop her from wandering home with random guys, she won't have this problem.

I think this would make it too easy to prosecute fake rapes--where the woman changed her mind the next day and then decided to call the cops. Also, sex isn't driving--you can be a lot more drunk than the 'legal limit' and still be able to say no.

Rape is a real problem. Our lawmakers shouldn't make it a joke by making almost any kind of sex illegal. While I've never tried to get a woman drunk to get her into bed, getting her into bed usually involves at least one drink. It's part of 'one thing led to another' that always precedes sex with someone you've known a short time.

Geez, I knew a guy who would tape record everything he did at a nightclub and on the way home, so that if he couldn't seduce a woman he could figure out what he did wrong later. It saved him once--a somewhat drunk girl regretted her actions and tried to paint him as an evil seducer who plys women with alcohol to get them in bed. The cops heard the tape and knew that she was into him way before she was drunk, that she continued drinking after he told her she had too many already, and that she was not only a willing participant, but that she was trying to get him alone too. Then the next day she's calling the cops--luckily he was the one guy in ten thousand who had proof he didn't rape anyone, but what about the rest of us?

Answer 3

If she is passing out and puking on herself NO, but if she is drunk and horny which usually go together. Some women get drunk and want the attention of many guys and when they consent to having sex with more than one at a time then they feel embarrassed and used and say they were raped. A guy can be raped and be really drunk too then.

Answer 4

I guess it depends on how drunk she is. If she is just tipsy and still has all or most of her mental factulties no it is not rape.

But if she is considerably drunk to the point that she is acting totally out of character or passed out then it is rape.

At a certain point, it is no better than having sex with someone who is sleeping.

But the bottem line is if it is unclear if the women is in her right mind, I wouldn't sleep with her. Why risk jail time for a one-night stand?

Answer 5

If the woman is drunk enough that she is pretty much unconscious, then she isn't capable of consent or refusal and it's rape. If she's tipsy but still aware enough to know that she really doesn't want it but goes along with it anyways....that isn't rape. That's a drunk woman voluntarily doing something she knows she doesn't want to do or will regret. She still consented.

Answer 6

There are serious grey areas when classifying sex with a woman who is drunk as rape. The following questions have to be answered.

How does he know she is drunk?

How does one know if the man is drunk too while having sex with drunk woman?

How do we know if she is screaming rape after the fact because of guilt?

She made the choices to drink too much?

In short, rape will still be a difficult crime to prove in court as before. It comes down most of the time to he said-she said.

Answer 7

if youre both drunk, then whos doing the raping? the man or the woman??? i dont see how only women arent capable of giving consent when they are drunk. also, there is no way to know if she was too drunk to give consent. and if she is really that durnk, then shes probly blacked out and she wont be able to give her side of the story. i see this law as opening the door for women to blame men for their bad decisions and getting back at guys that they regret having sex with. people in the justice system have their own views and most of the time when a dumb law like this is passed it isnt enforced.

Answer 8

I don't know where you live but I'm from Ohio and that's the law here already. Rape is considered non-consensual sex, and a woman must be in the right state of mind to give consent. i.e if she is drunk or under the influence of mind altering substances, then she legally can not give consent.

Answer 9

Ahh great question ..... is she is drunk and she is an Adult, who takes her own responsibility .... she is out and flirting with you and say you have had a bit to drink too ..... hence you are tipsy yourself ....

if she shwos you all the signs she is up for it and finds you attractive .... and you feel the same .... hence you end up having sex with her ...

next morning she is like "I cant believe you did this to me" ..... or "what happened last night??" ....

I dont consider it to be rape .... en get blamed for it ..... I mean if it was not forced and you agreed to it then just because she was drunk .... why should the man be punished???? ....

If a man is drunk and end up sleeping with someone he dont find attractive and wouldnt usually sleep with ... DO WE TALK ABOUT THE GUY BEING RAPED???

Answer 10

It all depends on the situation. It will come down to a he said/she said. If you, as the male, are the least bit more sober than she was, you lose. You should have known better. If you even admit she was drunk and that you were aware of it, that makes me you illegal sexual assualt with somone in a condition nort able make decsions like that.

Answer 11

If a woman can`t give consent `cause she`s out of it then it`s rape. Anyway, you`d need to be some loser of a man to NEED to get a woman drung to have sex with her !.