Is It Rape If You Are Both Intoxicated?

[William F. Russell]

All I know is both of y'all are under duress, technically yeah

So y'all both raped each other is what you are saying?

So what happens after?

This is a somewhat tricky area of law.

First, rape is the unconsented to penetration of another individual's orifice (mouth, vagina, ass).

Consent is the determining factor as to whether an individual's penetration of another is indeed rape.

In cases where both parties are intoxicated, courts usually do a fact-based determination to see whether the penetrated lost his/her ability to consent. Courts will also consider whether the accused caused/induced/forced the penetrated individual to be put under the influence (and consequently lose the ability to consent). If both individuals are under the influence, courts are reticent to adjudicate that a rape has occurred UNLESS it can be proven that 1. the accused knowingly got the victim under the influence in order to take advantage of his/her inability to consent (when the facts indicate that if he/she was sober, s/he wouldn't have consented) or 2. it's determined that the victim, despite being intoxicated, never lost his/her ability to consent and refused to consent.

 

[Black Cobain]

So y'all both raped each other is what you are saying?

So what happens after?

I don't know man, I'm not knowledgeable in that area of law

 

[Maddmike]

Whoever gets to the police first is the person that wins.....So if you smashed a chick and yall been drinking the previous night, If you wake up first the best thing to do is dial 911 and let the courts figure out if SHE raped YOU or not

 

[Ashley Banks]

why do men continue to ask this question? Just don't have sex with drunk strangers.

 

[William F. Russell]

why do men continue to ask this question? Just don't have sex with drunk strangers.

alcohol's a social lubricant though :AyeshaBish:

 

[YaBoy]

Only if she thinks you're ugly when she sobers up

 

[YaBoy]

why do men continue to ask this question? Just don't have sex with drunk strangers.

I think the point is neither one of you are making the smartest decisions when you drink. People drink at all social gatherings & then....shyt happens

I've had drunk sex with girls, but I don't think going in "Imma get her drunk ". Were both drunk & one thing leads to another

 

[SheWantTheD]

You can't fukk a limp dikk pidd. If you could old nikkas wouldn't be thirsty to buy viagra. It bends too much to actually put it in. If you are able to get it in, you can't ride it. It's gonna flop right out. Trust me, I've tried.

Please, gtfo. putting your mouth on a penis regardless of whether it gets erect or not is still a sexual act. And what does this have to do with old men who have erectile dysfunction?

 

[William F. Russell]

How does a woman rape a man, outside of drugging him with viagra, or inserting an object into his ass?

1. date rape drugs
2. inserting a foreign object into the man's mouth or ass.

 

[Ashley Banks]

I think the point is neither one of you are making the smartest decisions when you drink. People drink at all social gatherings & then....shyt happens

I've had drunk sex with girls, but I don't think going in "Imma get her drunk ". Were both drunk & one thing leads to another

I just don't get what's so hard to understand. If you have sex with a drunk person, there's a chance they didn't really want to do it and you could be charged with rape.

and in the case both people are drunk, the person that initiates the sex is the rapist.

 

[SheWantTheD]

why do men continue to ask this question? Just don't have sex with drunk strangers.

Tell that to all the women who claimed to have been raped because they were too drunk to consent then.

 

[SheWantTheD]

I know but I'm saying if you want to avoid drunk sex turning into a rape charge, its better off just not doing it at all. Not the answer you want to hear but our society has double standards and it always will.

Yeah and I'm saying it's not that simple. All the world's problems sould be solved today if it were as simple as "stop doing it".

 

[Ashley Banks]

How does a woman rape a man, outside of drugging him with viagra, or inserting an object into his ass?

smh A man can get an erection whether he wants one or not. It's a reaction to physical stimulation. You don't need viagra or need to insert objects into his ass (which are both rape unless he allows you to do it) to rape a man.

 

[William F. Russell]

Unwanted oral sex is sexual assault, not rape. Rape is about penetration. If you could just grab a dikk and put it in you, men wouldn't need drugs for erectile dysfunction. A limp dikk is USELESS for sex. Nobody is out here fukking limp dikks!

:Wrong:

 

[Ashley Banks]

Tell that to all the women who claimed to have been raped because they were too drunk to consent then.

"claimed" You don't decide if someone was raped or not.