A question about rape

[mythology]

67. Yes it's rape

If somebody is passed out, it's rape. If they were so inebriated that they passed out while you were having sex, they weren't in any condition to consent in any meaningful fashion. If you're so drunk you can't tell if somebody passed out, you weren't in any condition to consent or understand if they consented.

As for the sentence, I would say that the prosecutors should confer with the victim to see if he or she wished to press charges. I would also take the witness reports and things like b.a.c. into consideration. Was the non-passed out person obviously wasted? That would grant at least some consideration.

So the potential legal ramifications could be something as simple as counseling to a lengthy prison sentence, depending on a variety of factors.

I think it's also very different if the two people involved are in a partnership. People in the thread have said that by the definition of two people sharing a bottle of wine and then having sex equals rape. Most people wouldn't consider that rape because there's a history and a larger presumption of consent in an ongoing relationship than with strangers. Likewise waking a partner up with a sexual activity designed to tease them (I'll leave that up to your imagination) isn't rape even though they didn't explicitly consent to that act, provided you stop if they wake up and say no.

I also think it's a poor form of arguing to claim that two people who share a bottle of wine and then have sex in an ongoing relationship is equal to having 10 shots of tequila a piece and then having sex with a random stranger who passes out. It's taking a very mild case that virtually nobody would argue is rape and then using that to criticize calling something rape when one person is actually passed out and thus can't give even inebriated consent.

But all of this can be solved by not getting falling down drunk. If I'm not that drunk I can't misinterpret a woman's consent, or not notice if she passed out. Besides, my self-esteem couldn't handle it if a woman was so uninterested she passed out.