If the next day she gets up and is all pissed off and tries to cry rape does she have a case? No date rape drugs are involved just alcohol.
2007-08-13 09:03:09 · 16 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
sorry dude even though it probably shouldn't be rape, women get the benefit of the doubt by the jurors in most cases. don't ask me why.
2007-08-13 09:31:28 · answer #1 · answered by LSU 2 · 0⤊ 1⤋
In California, it is rape if an act of sexual intercourse takes place "Where a person is prevented from resisting by any intoxicated or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known, by the accused." (Penal Code section 262(a)(2).) So the question is was she so drunk that she could NOT say "no," or was she merely so drunk that she could, but did not want, to say "no"? A pretty fine line, isn't it? Obviously, the best course of action is NOT to have sex with drunk girls.
2007-08-13 12:50:06 · answer #2 · answered by Anonymous · 1⤊ 0⤋
When a girl is drunk and wants you to ---- the crap out of her and you do, then that's just the result of what can happen when you drink. If it's his fault for blanking her, then it's just as much her fault for wanting blanked. If you're both drunk and making out and rubbing on each other, then taking your clothes off and banging then there is no-way anyone can say he did this to me or she made me do this. It's simply you got drunk and had sex that you never would've had sober. So to make it right with your sober self you say he took advantage of me. Then more than likely you'll get drunk and do it again since you've found a way to shift the blame off yourself for getting slammed up the **** and covered with spooge.
2016-05-17 04:43:29 · answer #3 · answered by ? 3 · 0⤊ 0⤋
No, I would say NOT rape. But the guy involved has certainly taken advantage of the situation. (YES, I have myself) And I think every man here (IF HONEST) will also have to say at one point or another has done this too. And this mind you is ONLY if the woman involved is in total agreement to having sex.
2007-08-13 09:31:27 · answer #4 · answered by GRUMPY 7 · 1⤊ 0⤋
Her age can also come into this. At least in Ca. If she is under 21 and you are over. It would be contributing to the delinquency of a minor if you supplied the booze. As far as the rape issue as long as she was conscious and a willing participant and over the age of 18 I don't think it would be rape.
2007-08-13 12:47:22 · answer #5 · answered by MLNICROK 3 · 0⤊ 1⤋
no rape involved. if she was drunk and didn't know what she was doing it was because she chose to drink.
If she is able to claim rape, then by the same token someone who gets in an auto accident because they were drunk would not be held responsible. It would be the fault of the alcohol.
2007-08-13 09:19:03 · answer #6 · answered by fredrick z 5 · 2⤊ 1⤋
Yes it's rape because she isn't able to speak "in her right mind" to really give anyone permission.
But then again, she shouldn't be so drunk that she can't take care of herself either so in this case, both parties are guilty for what happens but if the guy isn't drunk, too, he should learn control. If they both are drunk, shame on both of them for being so stupid to get that drunk.
2007-08-13 10:50:33 · answer #7 · answered by KittyKat 6 · 0⤊ 2⤋
It will boil down to her word against yours. Sticky situation to be in. But no, alcohol isn't the reason for the rape, forcing sex after she says no is.
2007-08-13 09:18:26 · answer #8 · answered by LEO53 6 · 2⤊ 1⤋
Yes, it's still rape, because she wasn't coherent enough to agree to sex, just like a minor or someone developmentally disabled can't consent.
2007-08-13 10:25:59 · answer #9 · answered by Hillary 6 · 0⤊ 1⤋
Up here in Canada, where I live, it would be considered a sexual assault. The girl wast too drunk to give informed consent.
2007-08-13 09:22:50 · answer #10 · answered by Anonymous · 0⤊ 0⤋