when does drunken sex become rape?

[michaell]

dont say "just play it safe and dont have sex with someone who has dranken something" , well anyway: i have never been to a party, but sex is a part of a lot of parties and so is alcohol and so is drunkeness. there is no way in hell anyone can tell me that everyone who has had sex at a party where everyone is drunkk is a rapist. if u think that then u are one heck of an idiot (no offense). well anyways am i a bad person for thinking "when i go to college im probably going to go to a party and get drunk and also have sex with someone who is also drunk", i mean as long as the girl isnt puking or passed out, its fine in my opinion, am i like a rapist for not seeing anything wrong with this? i mean as long as the girl isnt passed out, i think drunken sex is ok.

[Pelios]

If you don’t have her consent to have sex with her, it is rape. When a girl is really drunk, you know if you're taking advantage of her so what’s the difference.

[thebigmole]

If a soberish guy, one who might be a bit tipsy but not drunk, has sex with a wasted girl, then yeah I would consider it rape. The guy knew what he was doing the girl didn't. Though technically if someone is incapable of giving consent, drunk, then it's rape however if both parties are drunk and therefore unable to give consent I guess that would cancel each other out, of course if the girl wakes up the next morning and remembers it and regrets it, then unfortunately the guy is screwed whether he was drunk too or not.


Also I'm a college student and I've been to plenty of parties where there is no sex, in fact I can only think of one party I went to where people were having sex, and drinking is not a requirement.

[Brandon]

There's really no clear-cut answer to this. It's ultimately up to the jury to decide whether you'd be guilty or innocent. But here's the things that I think they would look at (keep in mind that I could be completely wrong but this is just something to think about:

1. If the woman goes to a man/woman College drinking party with the intent of consuming alcohol to get drunk, then she's putting herself in that situation. Women must acknowledge that being around men, or other women, while drunk, is not always a good situation to be in. Even though she put herself in that situation, it wouldn't be entirely her fault. Yes, it isn't right to take advantage of women -- especially if you're sober, and especially if you FORCED her to drink alcohol, but it wouldn't be as bad if you were drunk. If she was drunk and you were drunk, and she consented, then I don't think that she should be able to pull the rape card. But it largely depends on what the jury believes.

2. According to a study, 50% of women prefer having sex while drunk. (link: http://www.thefrisky.com/post/246-do...r-drunken-sex/)

This kind of confirms the first thing I talked about women putting themselves in that situation. Perhaps they wanted a man to take advantage of them. With the statistics and studies, it's really hard to judge whether a woman actually wants to have sex or not while she's intoxicated. You never really know their real intentions. Regardless of the fact that you never really know until she's sober, you should never have sex with a woman who's heavily intoxicated. But if you're drunk, she's drunk, she consents, you consent, then I think that there's no problem at all if she's not heavily intoxicated. But again, it largely depends on the jury.

Based on a recent entry, and correct me if I'm wrong, I think that you want to have sex with a drunk woman because you'd have a better chance of losing your virginity. I honestly think that's not such a good idea, if that is the case. If you end up having sex with a drunk woman for the first time, it may seem good for a little while, but after a while you may start regretting it because it wasn't a very impressive thing to do. Just throwing that out there though.

[niente_]

Basically if you have sex with a drunk woman and get her pregnant, she can always pull the rape card because she probably can't remember giving her consent, whether she gave it or not, and if it went to court I'm guessing a jury would be more symapthetic to her, especially if people hear that you've been wanting to lose your virginity for ages and that she was wasted - a perfect target for you. Most likely they'll side with her. Then YOU'RE the one in trouble. Would it really be worth it? Nah-ah. Then when word gets round you'll be down as someone who takes advantage of people and who can only get some with someone who's out of her senses. You don't want that kind of label.

Either way, having sex with a drunk person is taking advantage of them. A decent man (AND woman) would turn to the other person and say "Sorry, you're drunk, I'm not having sex with you." That will earn you more respect from people than losing your virginity will.

[Anonymity]

I think if you are both drunk, if you did not go to the party specifically to get laid, and if she did not go to the party intending not to get laid, it's not rape. If any of those three qualifications is not met, she would have a fair chance of winning in a court case. Even if she doesn't have a fair chance, though, she still might try it. My best advice is to not do anything with anyone who is likely to regret it in the morning.

[TriBlox6432]

It's hard for myself to define. On one side, if you don't have their consent, then it's rape. However, knowing how most people are when drunk, girls shouldn't be getting drunk if they are against sex. They know what alcohol does to a person, and they know what they're doing. I am torn. Either it's rape because you don't have consent. But from a "moral" standpoint, don't get drunk unless you're willing to be taken advantage of (at a party)

It's as simple as that. It doesn't matter if it's rape or not. For the girl, she still got "rapped" weather or not the court calls it rape.

On the other hand, guys shouldn't be doing it with girls that are wasted. But if they guys are just as drunk as the girls, then I could never morally call it rape. They are both wasted, and are incapable of stopping. Why should the guy be charged with rape?!