Would this be considered Rape..?

Question

I heard this on the news the other day and my boyfriend and were wondering the same thing..

Girl goes to party and gets really dunk and goes to bed, ALONE!! when she wakes up she is in bed with a guy that she does not know, but she can tell she has had sex.. Would this be considered rape..?

Yes, it was proven that they had sex.

Answer 1

Yes it is rape.

Answer 2

Yes it is. Only a skunk would do that. There was a case in Massachusetts a few years ago where a girl got really drunk in a bar. Some men thought she was asking for it so they had sex with her. Later she filed charges and it went to court. Initially the lawyer and even the judge gave her the heave-ho saying it was her fault. It got into the papers what had happened and public opinion was on her side. Went back to court and the men were then found guilty.

To be a consenting adult implies you are conscious and not impaired in any way.

Answer 3

Yes in a way because the guy probably F09ked her when she was sleeping which is considered forcing because she is not aware of the situation. It is really her fault though for being dumb and sleeping at a party in the first place. She should of atleast locked the door. If the guy used a condom then i suppose she should let this go, but if there is a pregnancy possibility then this guy should definetly be convicted of rape. She was the unabler and a perfect target, but he had the decision weather to do it or not. She should be smacked for being dumb and he should pay a nice fine or perhabs go to jail never to be stupid like that again!

Answer 4

That is going to be hard to prove as rape. If she was really drunk she may have consented to it and not remembered that she did.

This is why people should not get drunk at parties. Go have a good time, but you MUST stay in control of yourself and your surroundings. At the very least you should have a sober person accompany you to parties if you know you cant control yourself.

Sad part is that it's almost a guarantee that no condoms were used so the possibility that the girl will end up pregnant. And guys who take advantage of drunk women are usually scumbags who may be carrying an STD. My question for her is: was it worth it? A majority of rapes happen because girls allow themselves to be put in danger. She was really stupid, and the guy needs to be castrated.

Answer 5

This is sad. Almost everyone else has said it - if she did not consent then it's rape. Well of course. The question is did she consent?

Many people who drink too much either have blackouts or voids in their memory of the previous night. If she was so intoxicated that she had voids in her memory she might have foolishly consented and not remembered it.

Every guy knows that to have intercourse with an unconcious woman is rape. If he had raped her, It's hard for me to imagine the perpetrator would still be in bed with her the next day knowing she had not consented. I would have expected him to be up and gone after the act with virtually no risk of being caught. Obviously he felt safe that he was in the clear. Which begs the question - did he believe she consented?

This is a perfect example of why women should not attend parties like this and why no one should become intoxicated. She either was so drunk that she foolishly consented or she was too drunk to adequately protect herself. In either case others should learn from her example.

Answer 6

yes. i agree with the person that said a person has to give consent. it's not only considered rape if a person says no. i think people have to say no because someone is advancing upon them without consent and maybe didn't ask for permission in the first place. what about at the doctor's office or the hospital...you have to sign consent forms for everything they are going to do to you. it seems that, in this country at least, if anyone is going to touch you for any reason, you need to give permission. which is good. it's my damn body. of course, in this case, she'd have to prove she had sex with that particular guy...which might be hard without dna. she was drunk. maybe she had consensual sex with someone, or even him, and doesn't remember. i'm sure the defense would bring all this up. there would have to be witnesses and dna or whatever. prosecution would need a solid case to get anywhere. but...assuming it was him and it happened like she thinks it did, yes, it's rape.

Answer 7

I think it would be considered rape if the young lady reported it. I do not think she would stand a chance in Hell in court/she would be ripped to shreds by the defense but in essence if someone had sex with her without her consent it's rape. Now, how would anyone (including the alleged vic herself) really know if consent was given if she can't remember anything due to her heavy alcohol consumption?

These are reasons why young people should behave more responsibly. Never drink too much at a party where you don't know everyone. Never fall asleep at a party where there are men you don't know. Why don't women know that already? How old is she?

Answer 8

Assuming this girl doesn't black out when she drinks it could certainly be rape. The only thing is, if she tends to have no memory of her drunken escapades, she could have seemed willing to the guy at the time but had no recollection in the morning. This is a dicey situation, the fact that the guy hung around in bed w/her makes it seem like he thought he was supposed to be there and that everything was ok. Was he drinking too?

Answer 9

If she did not consent, then it was rape. By the legal definition.

If she didn't consent, but was too drunk to object, that's still rape. If she was drunk (or drugged) without it being voluntary, then it's rape because she did not choose to be intoxicated and thus did not choose to have her judgment impaired.

If she didn't remember consenting because she was too drunk (and got drunk voluntarily), then it's a matter of proving she did not consent. Yes, the burden is on the prosecution proving lack of consent, because that's an element of the crime.

So, as a matter of law (not social standards) it depends on what happened, what witnesses are available, and what can be proven.

Answer 10

Yes, at least in NY where it would fall under Penal code 130.35 sub 2

§ 130.35 Rape in the first degree.
A person is guilty of rape in the first degree when he or she engages
in sexual intercourse with another person:
1. By forcible compulsion; or
2. Who is incapable of consent by reason of being physically helpless;
or
3. Who is less than eleven years old; or
4. Who is less than thirteen years old and the actor is eighteen years
old or more.
Rape in the first degree is a class B felony.

Answer 11

The question is WHERE did she go to bed? She she just pass out at the party in the nearest bedroom? If she recalls going to bed alone than she should file rape charges.