General Discussion

Vattel

(9,289 posts)

21. It depends on several factors.

Fri Jan 30, 2015, 07:02 PM

Jan 2015

If (a) the woman agreed to his continuing should she pass out, then it is not rape. If (b) the man was understandably unaware that she had lost consciousness, then it is not rape. But if neither a nor b is the case, then (barring really weird circumstances) it is rape. The penalty should not be too harsh, though, since the woman had agreed to have sex with him and the sex began when she was still conscious. (By too harsh, I mean something like multiple years in prison.)

Note: The mere fact that the woman was falling down drunk when she agreed to sex does not mean that the man raped her. He was also falling down drunk when he agreed to have sex with her, and so she is hardly in a position to complain about his having had sex with her.

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A question about rape [View all] philosslayer Jan 2015 OP

Legally it falls under the definition of rape but it would really depend what the woman says glasshouses Jan 2015 #1

She passes out DURING the episode philosslayer Jan 2015 #4

I don't know if the law agrees with that or not? glasshouses Jan 2015 #9

"it would really depend what the woman says" Nuclear Unicorn Jan 2015 #75

Legally, consent can not be given when "falling down drunk", for either party. uppityperson Jan 2015 #2

interesting glasshouses Jan 2015 #3

So if my wife and I get hammered... philosslayer Jan 2015 #7

And according to some people phil89 Jan 2015 #12

Some people apparently never went to college. Warren DeMontague Jan 2015 #22

Some people apparently never heard that public sex is illegal. whathehell Jan 2015 #28

HEAVENS WHAT WILL THE CHILDREN THINK Warren DeMontague Jan 2015 #30

Overreact much? Hint: It's not a personal judgement, it's just a fact. whathehell Jan 2015 #34

Admittedly, it's an odd example. Warren DeMontague Jan 2015 #37

Yes. whathehell Jan 2015 #42

I saw this on a British TV comedy Boudica the Lyoness Jan 2015 #68

Apparently glasshouses Jan 2015 #29

the law is odd sometimes. Intoxicated people cannot give legal consent which makes uppityperson Jan 2015 #47

True, however... Major Nikon Jan 2015 #14

I agree, it is not always simple. uppityperson Jan 2015 #48

"Passers-by notice, pull him off" BlueJazz Jan 2015 #5

I'm not suggesting anything is funny philosslayer Jan 2015 #6

I didn't think that, philosslayer. Just the way it was worded struck me as strange. My bad. BlueJazz Jan 2015 #8

Like a Frat house type setting glasshouses Jan 2015 #10

I doubt they would phil89 Jan 2015 #17

I just can't think of another place something like that would happpen glasshouses Jan 2015 #24

In that case .. sendero Jan 2015 #56

Well, first off, no one would stop him. Jamastiene Jan 2015 #72

I'm pretty sure this is in reference to the recent Stanford case. Hassin Bin Sober Jan 2015 #25

Yes, that was my thought as well...First: There are laws -- Don't do it in public whathehell Jan 2015 #27

Okay, but are drunk people allowed to have sex, or not? Warren DeMontague Jan 2015 #31

right glasshouses Jan 2015 #33

Thank the prim church lady of temperance, I don't drink anymore. Warren DeMontague Jan 2015 #35

I know rape is a serious issue that happens but glasshouses Jan 2015 #39

You err n assuming those who quote the law agree with it in every case. uppityperson Jan 2015 #50

I think the law says generally that someone too intoxicated to give consent, cant consent Warren DeMontague Jan 2015 #57

I hope you're not referring to me as "the prim lady of temperance", LOL whathehell Jan 2015 #45

Nah-making a joke about the fact for my wild n crazy facade, I'm actually pretty damn straightedge Warren DeMontague Jan 2015 #53

Gotcha.. whathehell Jan 2015 #69

Downton Abbey Marathon Warren DeMontague Jan 2015 #73

Love Downton Abbey! whathehell Jan 2015 #77

but is it Brown Chicken Brown Cow time? bettyellen Jan 2015 #60

Thats ....insane. Warren DeMontague Jan 2015 #63

LOL. Well you guys gave me a chuckle, so I thought I would return the favor. bettyellen Jan 2015 #64

Thats what I mean about meet the feebles Warren DeMontague Jan 2015 #65

That's actually a funny question.. whathehell Jan 2015 #44

A young driver, in an inebriated condition, runs over a pedestrian and continues driving. cyberswede Jan 2015 #11

Second degree murder, plus DUI and leaving the scene of an accident. Nye Bevan Jan 2015 #16

Driving while drunk is a crime philosslayer Jan 2015 #23

having sex while drunk is EXACTLY like running over a pedestrian, silly! Warren DeMontague Jan 2015 #32

Dude! Human civilization would die out if having sex while drunk was illegal!! madinmaryland Jan 2015 #49

You laugh, but this is sort of true. Warren DeMontague Jan 2015 #54

Drunk sex isn't the issue; continuing to fuck a passed-out person is cyberswede Jan 2015 #59

I dont understand why people have a problem with the idea that cannibalism is bad. Warren DeMontague Jan 2015 #62

Cannibalism is bad; so is fucking someone without their consent. cyberswede Jan 2015 #66

The goofy example in this OP specifically mentioned "consent", did it not? Warren DeMontague Jan 2015 #71

Fucking someone without consent is also a crime. cyberswede Jan 2015 #58

If the male passes out phil89 Jan 2015 #13

Neither was in a position to give informed consent, so both are guilty of rape. Nye Bevan Jan 2015 #15

So two drunks having sex are both guilty of rape glasshouses Jan 2015 #19

It's constantly stressed here that drunk people cannot give consent. Nye Bevan Jan 2015 #20

Then there's a lot of rape going on in this country glasshouses Jan 2015 #26

I know, right? Nye Bevan Jan 2015 #38

I think I just did up a few posts glasshouses Jan 2015 #41

I imagine that if the woman arrived at the police station some time later tblue37 Jan 2015 #18

It depends on several factors. Vattel Jan 2015 #21

If you or your partner have to get falling down drunk to have sex you need to check yourselves./NT DemocratSinceBirth Jan 2015 #36

Well, let me ask you this. noamnety Jan 2015 #40

I'm not talking about the swimmers case philosslayer Jan 2015 #43

Passers-by? undeterred Jan 2015 #46

cripes thank you elehhhhna Jan 2015 #55

If I were single now, I wouldn't date without a contract, MannyGoldstein Jan 2015 #51

You wouldn't ride a motorcycle drunk... hunter Jan 2015 #52

Did the woman press charges? flvegan Jan 2015 #61

That's what I was thinking. If she doesn't say it is rape, then how is there a case? DebJ Jan 2015 #70

There isn't; elleng Jan 2015 #76

What if the man decides to press charges? Nuclear Unicorn Jan 2015 #74

Yes it's rape mythology Jan 2015 #67