Is taking advantage of someone drunk Rape?

[Nurvus]

It really depends on many factors, but keep this in mind:

If you take advantage of someone extremely horny is it considered rape?
If so, you can easily make a compelling argument stating that women rape men all the time, right?

[Breccia]

Is it rape to take advantage of someone's loss of all inhibitions and self restraint that they wouldn't have had sex if they was sober
Is that Rape?

A fair number of states specifically call out intoxication as blocking the ability to give consent, and therefore, not a valid defense against a rape charge. What you're asking is a matter of law, not lay opinion.

That said, two things:
a) You specifically call out "they wouldn't have had sex if they were sober". Are you asking for moral and/or ethical validation for something you know for a fact your partner doesn't want to do? Try it this way: I come to you, and ask you to give me $100. You're drunk, so you do it. And the only reason you give me the $100 is because you're drunk -- you would not do it when you're sober. Whether or not what I did qualifies as theft is one thing, but you're going to be pretty upset when I don't return the money, aren't you? Would you be upset if I refused to return the $100? If I just said "it's ok, you said I could have it when you were too drunk to refuse" would you just sit back there and accept it? Does that seem fair to you? Does that seem pleasant to you?

Now replace "you give me $100" with "I penetrate you with my penis"

That's a lot more direct than I like to get on these forums, but the point doesn't really sell itself with a vague analogy. Imagine what you would feel if some guy did this to you. Then ask, "should I do it to her?"

b) I would easily rate every sexual encounter when she was sober above every sexual encounter where she was drunk. If someone's so drunk they're unable to give consent, they're also losing a lot of coordination, focus, and various fine motor skills.

[Mukor]

You're using wrong words " taking advantage of" is rape. Plain and simple, you're knowingly taking advantage of that person. Now if you're drunk, and both parties start flirting and start fucking, that's just drunken sex.

If it's a girl out if you're league, then "seize the opportunity".

[Otimus]

Legally, it's a case by case basis. Personally, I'd say 99.99% cases, it is rape, and people who take advantage of drunk (or, hell, take advantage of people in any way at all, really) people are clearly terrible human beings, and I wish there was something that could be done about it. In any situation, when you have to use the term "taking advantage of" to get something sexual, it's probably rape.

[Gheld]

Flirting is rape these days. Just.. If you get horny just show up at the local police station and tell them you raped everybody. Just get it over with.

- - - Updated - - -

Worst case scenario get drunk too. It's not sex if he's drunk. Don't be that girl.

EDIT: But yeah...basically... if it wouldn't be considered rape with the roles reversed then it's not rape and anybody who claims it is should be exiled from civilization.

[meroko]

I voted yes without reading the thread. What you described isn't even close to rape. Passed out and physically unable to say no is rape. But if they are just tipsy/drunk and lose their decision making process but are coherent enough to say yes or no. It's not rape, it's on them.

Now in terms of morals, yeah it's quite immoral to do such a thing, unless you yourself are drunk off your ass too.

[Deleted]

Dunno, is it rape if a really ugly chick plasters her face with make up so you think she's actually good looking?

[Vyxn]

A fair number of states specifically call out intoxication as blocking the ability to give consent, and therefore, not a valid defense against a rape charge. What you're asking is a matter of law, not lay opinion.

That said, two things:
a) You specifically call out "they wouldn't have had sex if they were sober". Are you asking for moral and/or ethical validation for something you know for a fact your partner doesn't want to do? Try it this way: I come to you, and ask you to give me $100. You're drunk, so you do it. And the only reason you give me the $100 is because you're drunk -- you would not do it when you're sober. Whether or not what I did qualifies as theft is one thing, but you're going to be pretty upset when I don't return the money, aren't you? Would you be upset if I refused to return the $100? If I just said "it's ok, you said I could have it when you were too drunk to refuse" would you just sit back there and accept it? Does that seem fair to you? Does that seem pleasant to you?

Now replace "you give me $100" with "I penetrate you with my penis"

That's a lot more direct than I like to get on these forums, but the point doesn't really sell itself with a vague analogy. Imagine what you would feel if some guy did this to you. Then ask, "should I do it to her?"

b) I would easily rate every sexual encounter when she was sober above every sexual encounter where she was drunk. If someone's so drunk they're unable to give consent, they're also losing a lot of coordination, focus, and various fine motor skills.

I agree it is morally wrong and you shouldn't, but would it be a crime if you do
and by the way I like your analogy about asking some one drunk for money and they give it to you but wouldn't have if they was sober would that be considered theft?

[death87]

2015 and people are still wondering if sexually taking advantage of someone who is impaired is rape or not. If its illegal and not-binding to sign a contract while intoxicated then how do you expect to have sex with someone who is drunk that you would not be able to otherwise and get away with it?

..then again this comes from a bunch of gamers, most whom never even touched or interacted with a woman outside of business or online.

[Theodarzna]

Im not referring to passed out drunk or incoherent drunk. I'm referring to drunk enough to loose all inhibitions all self restraint drunk. the level of drunkenness you will do things you wouldn't do sober
Is it rape to take advantage of someone's loss of all inhibitions and self restraint that they wouldn't have had sex if they was sober
Is that Rape?

It would depend on if the one of them was sober. If your both drunk, who cares?

[Demoncrash]

I don't think it is by the op's definition. But as a dude, you should always play it safe and not jump in bed with someone you've just met coz if she changes her mind and cries rape, the court will almost always take her side.

[Xisa]

You have to be really, really careful with that.

I mean, if it's someone you've a mutual attraction with, that's one thing. If it's someone who would otherwise say no but is in an unusual circumstance (IE you're both so hammered you don't know up from down)...try to say no.

All it takes is one thing to be remembered wrong, and you are in for a world of hurt.

[Mosotti]

No, being drunk is not an excuse. If you kill someone while drunk, also you can't say you didn't mean it, it was the alcohol doing the horrible things. We should thank alcohol, otherwise only pretty people would fuck and make children.

[Deleted]

2015 and people are still wondering if sexually taking advantage of someone who is impaired is rape or not. If its illegal and not-binding to sign a contract while intoxicated then how do you expect to have sex with someone who is drunk that you would not be able to otherwise and get away with it?

..then again this comes from a bunch of gamers, most whom never even touched or interacted with a woman outside of business or online.

If it was illegal and not-binding to sign a conctract at any level of intoxication you could sue every bar to the ground if they still serve you after your first beer. Don't be silly.

[Xisa]

No, being drunk is not an excuse. If you kill someone while drunk, also you can't say you didn't mean it, it was the alcohol doing the horrible things. We should thank alcohol, otherwise only pretty people would fuck and make children.

You can absolutely say it.

Just like you can say "We were both drunk, and you started it! How the fuck is that rape?"

Doesn't mean the people you want to listen will.

[Paperfox]

If it was illegal and not-binding to sign a conctract at any level of intoxication you could sue every bar to the ground if they still serve you after your first beer. Don't be silly.

Engaging in a simple purchase transaction is way different than signing a binding document like a mortgage.

[death87]

Engaging in a simple purchase transaction is way different than signing a binding document like a mortgage.

Which is what I meant. Scientology with their Narcanon rehab centers tend to have people sign in while they are impaired on drugs or whatever, even though it is illegal.

[Deleted]

Engaging in a simple purchase transaction is way different than signing a binding document like a mortgage.

Having sex is way different from engaging in a marriage.

[Vanyali]

My own personal rule.. not that it really matters considering, but w/e:

if you wouldn't give them car keys (because of how drunk they look / act, not because they drank recently), they're far enough that any "too drunk" question is yes.

[Thetruth1400]

If they're not above the legal limit and both consent then no, it's not rape.

If one party is above the legal limit and the other isn't, but there is consent, it's a very grey line, but legal considered rape if the drunk person decides it to be.

If both parties are above the legal limit, but both consent, no it shouldn't be considered rape unless both parties are going to be punished exactly the same, as they both technically took advantage of the other party, while they were unable to consent.