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View Diary: Guys, If The Girl Is Drunk It Is Rape – Period (165 comments)

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  •  If the person you have sex with (1+ / 0-)
    Recommended by:
    Silvia Nightshade

    is under the influence of an intoxicant they legally are unable to consent to sex.

    "Til you're so fucking crazy you can't follow their rules" John Lennon - Working Class Hero

    by Horace Boothroyd III on Mon Mar 18, 2013 at 03:25:13 AM PDT

    [ Parent ]

    •  Then that same criteria would apply to (2+ / 0-)
      Recommended by:
      Roadbed Guy, JBNathan85

      Deadhead as well.
      Which creates the absurdity that both parties, while giving consent, are both rapist and 'rape victim' from consensual sex.

      Rape is criminal offense. Both parties could be prosecuted for consensual sex by the state, if intoxication is the threshold.

      Those who would sacrifice liberty for security deserve neither.

      by FrankRose on Mon Mar 18, 2013 at 08:25:08 AM PDT

      [ Parent ]

      •  Fine go to court with that (0+ / 0-)

        And see where it gets you.

        But I will continue educating people.

        "Til you're so fucking crazy you can't follow their rules" John Lennon - Working Class Hero

        by Horace Boothroyd III on Mon Mar 18, 2013 at 11:06:15 AM PDT

        [ Parent ]

        •  I wouldn't take it to court because I don't (1+ / 0-)
          Recommended by:
          JBNathan85

          consider drunken sex to be rape.

          You do, so educate me....do both parties get charged with 'rape' while simultaneously being 'rape victims'?
          Do two people having consensual sex get charged with a felony for having sex while drunk?

          Those who would sacrifice liberty for security deserve neither.

          by FrankRose on Mon Mar 18, 2013 at 11:59:47 AM PDT

          [ Parent ]

          •  If your partner is impaired... (0+ / 0-)
             Re: If Both Parties Are Intoxicated and Have Sex, Can One Claim Rape
                If she was impaired and her ability to give consent is in question, yes, you could be facing a rape charge. The statute of limitations is three years, so they've got lots of time. If it IS rape or not is what a jury would have to decide based on the facts and witness statements IF she actually files a police report and IF the state decided to prosecute the case. It wouldn't hurt to have a couple of attorney numbers handy if police ever want to question you, and a MUST if they actually charge you.
            I don't understand what the confusion is. Your status is irrelevant in regards to whether someone else is legally able to consent.

            Waste my time some more.

            "Til you're so fucking crazy you can't follow their rules" John Lennon - Working Class Hero

            by Horace Boothroyd III on Mon Mar 18, 2013 at 12:06:16 PM PDT

            [ Parent ]

            •  Thus, using deadheads example, he could (1+ / 0-)
              Recommended by:
              JBNathan85

              conceivably claim 'rape' as well, could he not?
              As it is a criminal charge it is the state that is the plaintiff, couldn't the state, legally, call any drunken sex in any situation 'rape'? After all if consent is irrelevant for drunken sex, there is no need from an accusation from either party. Both could be charged and convicted of 'rape' whether or not they still claim consent after the act. Even if they both claim they gave consent while on the witness stand.
              These are relevant questions your blog link doesn't address.

              Further, how am I 'wasting your time' if your 'intent is to educate'? I am simply asking you questions.

              Those who would sacrifice liberty for security deserve neither.

              by FrankRose on Mon Mar 18, 2013 at 12:54:04 PM PDT

              [ Parent ]

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