Is taking advantage of someone drunk Rape?

[Independent voter]

If both parties are drunk and a week later the woman accuses the man of rape, I'm not sure that's rape because they both were drunk. If the man was sober and the woman drunk then there's more of a case.

[Revi]

Just for fun lets say yes. What about lethal DUI? What about raping or murdering someone while being intoxicated? Are those people not responsible for their crimes? So just because someones judgement is impaired we should make them legally incompetent during the duration of their intoxication?

Indeed. If you're fine with holding people responsible for dangerous/harmful actions, you should be fine with holding them responsible for their sexual choices. And if you're unable to be held responsible for sexual choices while drunk, a drunk person having sex with a passed out person should be unable to be held responsible.

If you're awake and functioning, you'e responsible for your actions.

[SeanTheOriginal]

Technically it is rape if someone is even the slightest bit drunk.
And if you have to use the words "take advantage" to describe it, then you probably shouldn't do it.

[THE Bigzoman]

Endus, OF ALL PEOPLE summed it up best for me.

I really don't understand why consent is such a prickly divisive concept. It should be really, really simple.

The one issue I keep seeing crop up is when they use "drunk" as an argument for rape. I totally agree that if they're blacked out from drinking, that's rape, absolutely. If they're so drunk they're flailing and incoherent, and can't fight you off, that's rape. No question. They lack the capacity to refuse, making any sex you intitiate a case of force.

But if they're drunk enough to be stupid and silly, it's consensual. Clearly and unequivocally, in my mind. Particularly as they voluntarily got drunk in the first place. Now, if you spiked their drinks, giving them alcohol in what they thought were virgin drinks or the like, sure. You drugged them, and that's wrong. But having 4 beers at a bar and jumping that guy you thought was hot does not in any way mean he raped you. Plus, it opens up the question; "if they were both drunk, did they rape each other?" Since that question's nonsensical, it's pretty clear the base premise, that being drunk means you can't legally consent, is not true.

If we're going to use it, we need to define "drunk". And it can't be "has had a few beers and is experiencing lowered inhibitions". Rape is a crime of forcing someone against their will. Drunken consent isn't in any way against their will, it is their will. It may be ill-informed and something they regret in the morning, but that's what making decisions while drunk gets you. If I get drunk and buy 300lbs of cheese on Amazon, that doesn't mean Amazon robbed me. It means I did something really stupid while I was drunk, and it's my own damn fault.

[Shibito]

Im too drunk at this very moment, it took me 5 minutes to write, but i dont see why other males are raving horny animals. Never understood why some males cant control their lust.

[Stormspellz]

drunk enough to loose all inhibitions, all self restraint drunk is inchoherent drunk.

[Deleted]

Indeed. If you're fine with holding people responsible for dangerous/harmful actions, you should be fine with holding them responsible for their sexual choices. And if you're unable to be held responsible for sexual choices while drunk, a drunk person having sex with a passed out person should be unable to be held responsible.

If you're awake and functioning, you'e responsible for your actions.

Precisely! Any place serving alcohol would turn into a minefield otherwise. Personally I'm not okay with having to deal with walking entrapments trying to suck my dick at every turn when I'm out trying to have fun. That's not okay on so many levels. If that's okay then why not start letting teenagers into pubs and clubs as well? I mean, if I'm being subjected to entrapment we might as well make it worth our time, no?

[Shibito]

Precisely! Any place serving alcohol would turn into a minefield otherwise. Personally I'm not okay with having to deal with walking entrapments trying to suck my dick at every turn when I'm out trying to have fun. That's not okay on so many levels. If that's okay then why not start letting teenagers into pubs and clubs as well? I mean, if I'm being subjected to entrapment we might as well make it worth our time, no?

Wish we had that kinda entrapment in Norway

[Polarthief]

Depends on the person, their relationship to you, and your level of drunken-ness.

Are they someone you just met? Someone you've been dating for a short while and this is the first time they've said yes? I'd count this as borderline rape; at the very least, I'd reject their offer because I wouldn't feel comfortable with it.

Is this someone you've known/dated for awhile? You've already had sex with them or they're a long-time friend that you know this will end in awkwardness but you know they're cool enough to just keep it a secret and not press charges? Then no, but enjoy the awkward morning after.

Are you also drunk? Well then I'd say there's no "taking advantage" because you're two drunk people and neither one passed out. No rape occurred here.

[twiddler]

It's an ugly people problem. Uglier people lie to themselves that they're more desirable than they really are and try to do things more attractive people would get away with and thus get accused of rape by people who then will be more likely to regret sleeping with you. Attractive men are generally accused of rape for money, if it isn't rape itself.

[Vyxn]

Just for fun lets say yes. What about lethal DUI? What about raping or murdering someone while being intoxicated? Are those people not responsible for their crimes? So just because someones judgement is impaired we should make them legally incompetent during the duration of their intoxication?

they are still guilty of the ceime but they maybe able to convince a judge or jury they was mentally impaired enough from their intoxication to only qualify for a lesser charge

[Deleted]

As long they got drunk on free will and aren't passed out, no it isn't.

[Tragedia]

You can't give consent when intoxicated.

[Deleted]

not really

it's not rape if you want it, if you're in an altered state of mind and want it, you want it

bit of a greyzone though I guess

but obviously legally speaking it can never be considered rape as long as you're not passed out, otherwise you'd have people raping each other all the time haha

[Emageht Tsoluoy]

Drunk enough for a DUI, drunk enough to fuck.

If they are blacked out and incoherent, it's rape.

MY issue, is that people are greedy, vindictive, and stupid by nature.
There has to be a B.A.C. level that equals inability to consent.

A BAC of 0.08 is legally drunk enough for a DUI, but people are still generally coherent at 0.08 so that is too low.

0.25 seems reasonable, but I'm guessing.

Nobody wants a "set in stone" number though, because:greedy vindictive people.

Also; when discussing this, how can you not bring up the unsavory elements that are equal parts unhinged and abusive?

People can be feminist without being a feminazi.

[Vyxn]

You can't give consent when intoxicated.

correct it is why contracts aren't valid if agreed upon if either party are mentally impaired

[Hey There Guys its Metro]

hope not lol

[Uselessrouge]

if they are drunk and want sex? no

RAPE is if someone DOES NOT want sex

if they are to stupid to get drunk that they cant controll THEMSELFS its not your fault

[Deleted]

they are still guilty of the ceime but they maybe able to convince a judge or jury they was mentally impaired enough from their intoxication to only qualify for a lesser charge

That's not a legal system I would want to live under if I'm being perfectly honest. We already have something called "crime of passion" which basically works that way and that is a subject of law that I find absolutely terrifying.

[Tulune]

Not rape, but taking advantage of someone for anything is a pretty shitty move.