For one, that isn't how the law works. There's a concept called "precedence" that's kind of important.
For two, the part I cited was where the judge made a statement about the law itself, not her specific instance. He made a clear statement that inebriation itself does not invalidate consent.
Another citation from that case; "Here it is important to note that the loss of memory is not conclusive of incapacity, nor is rationality conclusive of good decision making.[/quote]
In short, proving that she was so intoxicated she lost her memory does not prove she was incapable of consent.
Because you can consent to sex, while drunk. Again; in most cities, there would be tens of thousands of rape cases every night if you argued otherwise. For the most part, where two aggressors "raped" each other against both of their wills, simultaneously. Which is nonsense.
Btw your source doesnt share your oppinion. They say not no doesnt mean yes you say every yes is no if you are drunk.
Next time be honest enough to read the sources you provide.
Being drunk doesnt make you 5year old and 5 year olds are under the age of criminal responsibility
Last edited by mmocd79acbf389; 2013-08-08 at 05:30 PM.
http://pubs.niaaa.nih.gov/publicatio...25-1/43-51.htm
Its like you do this on purpose.. Other victims may not realize that they have actually experienced legally defined rape or sexual assault, because the incident does not fit the prototypic scenario of “stranger rape.” For example, in a study by Abbey and colleagues (1996b), a woman wrote, “For years I believed it was my fault for being too drunk. I never called it ‘rape’ until much more recently,even though I repeatedly told him ‘no’.” This article summarizes current knowledge about alcohol’s role in sexual assault and discusses questions that remain to be answered by future research.
You haven't really paid any thought to what I've said so far then. Let's "measure" this up from scratch then. I'm going to present you with this hypothetical, and ask you at which point you become, by lawful definitions, a rapist.
You're at a bar. This drunk Chick flings herself onto you. She was giving you appraising looks throughout the night, as well as plenty of not-so-subtle indicators that she's interested. You yourself have had only a few drinks so far. Nothing too serious. Your senses are slightly dulled, but for the most part your mental acuity is intact. You could even pass a breathalyser test. She, on the other hand, is certainly in a more unrestrained state. Her inebriation makes it obvious that she's had plenty to drink. Her inhibitions are minimal. She practically drags you to her house, you both take each other's clothes off, and in this situation, she does all the work. That means hundred percent. She literally rides you the whole time, and then crashes out in her bed. Your input during the intercourse consisted of nothing other than the orgasm you had at the end, and providing her with your tools with which she did what she did.
Do you think you're a rapist in this situation?
<deleted: was editing it>
You'll see why. also because no one's responded to them yet.
Good. Someone's responded. Okay then. You've accepted that it shouldn't be rape if she's the primary pilot. Now I'll modify the scenario a bit. Everything else remains the same. You're slightly drunk, she's really drunk. But this time, you felt like some missionary. You did it for a short while until she decided she liked it better with her on top. Your input is no longer 0%, but maybe now ten percent. She did ninety percent of the work. Do you think you're a rapist yet??
Because her feelings in the morning don't change what happened the previous night.
Last edited by Velaniz; 2013-08-08 at 05:53 PM.
Last edited by mmocd79acbf389; 2013-08-08 at 05:56 PM.
let me enlighten you about some things about anatomy, the penetrating organ is affixed to the Male body, so to have a definition that requires penetration, excludes the gender lacking in natural penetrating organs from the definition of rape, (that would be female) and that by very simple logic, equates to Sexism!
or you don't think "being made to penetrate" counts as rape, even at say gun point as the definition has absolutely no leeway on that or anything.
PS
three important things to note here, did she voluntarily imbibe? then not rape, did the rapist spike her drink, then it is rape, see all this hinges on the fact that someone did something TOO her (or him) and that´s Vastly different from voluntarily drinking, see the rather huge difference here ?
Last edited by mmocfd561176b9; 2013-08-08 at 05:59 PM. Reason: added PS