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Saiwania
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Postby Saiwania » Tue Aug 27, 2013 8:05 pm

Ha, I'm a college student and alcohol and sex aren't constants in my life. I guess both aren't inherent to the college experience after all. But in my opinion, it isn't rape if both people are drunk and have sex. I think it would be, if someone was more sober than the other and took advantage of that fact. Because that there, is a power difference.
Last edited by Saiwania on Tue Aug 27, 2013 8:09 pm, edited 2 times in total.
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Postby Fartsniffage » Tue Aug 27, 2013 8:11 pm

Torcularis Septentrionalis wrote:
Fartsniffage wrote:
viewtopic.php?p=16305986#p16305986

We have much in common....fancy a drink. ;)

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The Parkus Empire
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Postby The Parkus Empire » Tue Aug 27, 2013 8:30 pm

Saiwania wrote:Ha, I'm a college student and alcohol and sex aren't constants in my life. I guess both aren't inherent to the college experience after all. But in my opinion, it isn't rape if both people are drunk and have sex. I think it would be, if someone was more sober than the other and took advantage of that fact. Because that there, is a power difference.

I think that's a damn good way of putting it, homes
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Cameroi
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Postby Cameroi » Tue Aug 27, 2013 8:39 pm

aggressiveness and culture are problems with both.
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Gravlen
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Postby Gravlen » Tue Aug 27, 2013 11:55 pm

The Rich Port wrote:One question that has plagued me is this: if I'm drunk, and the girl I have sex with is drunk, is it rape?

"Drunk sex" does not equal "rape." The question is whether or not a person was sufficiently intoxicated as to be unaware of their actions or surroundings, and if he or she was unable to form informed consent. Sex with someone who is incapable of consent (for example someone who is unconscious) is rape.
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Postby Ostroeuropa » Tue Aug 27, 2013 11:59 pm

When I drink i'm more of a "Let's all talk about our feels bro" person than a "Let's have sex" person, so i'll never understand what compels people to have sex drunk really.
That said, in my opinion, there has to be a sufficient difference in level of sobriety for it to be rape.

Sober VS 1 glass of cider? Unlikely to be rape.
Sober VS a bottle of vodka? Probably rape.
Vodka VS Vodka? Unlikely.

etc
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Victoria Von Bathysphere
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Postby Victoria Von Bathysphere » Wed Aug 28, 2013 12:00 am

Tricky question. Those who know more law than I do would say that drunken sex may not constitute as rape. You're drunk, she's drunk, you have sex.

However, I'm not sure of the answer myself. If you're so drunk that you can't consent consciously to sex, maybe you ought not to have sex. But in that state, can one truly say no or resist?
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DogDoo 7
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Postby DogDoo 7 » Wed Aug 28, 2013 12:59 am

Farnhamia wrote:
The Rich Port wrote:Being a college student as I am, booze and sex are constants in your life. At parties, at home, at bars, designated sober drivers shuttle me and many others like me to our beds, where we may sleep it off.

Often, the two combine, sometimes for better, but sometimes for worse. Acquaintance rape is on the rise, and has been for a while. I've been worrying about falling into it, and often just go to bars to drink, not to pick up chicks or even socialize. I would much rather avoid hurting someone and subsequently hurting myself with jail.

One question that has plagued me is this: if I'm drunk, and the girl I have sex with is drunk, is it rape?

The stereotypical acquaintance rape is when a man intoxicates a woman with a narcotic, directly or indirectly, to take advantage of her.

So, I ask: if both parties are drunk, is it double rape? Is rape nullified? Should either party report the other to the police? Should both parties be put in jail?

It's a sticky question and I daresay you'll be sorry you asked before the thread sinks away to oblivion. Allow me to suggest that you have a law student draw up a no-fault declaration for you covering all those contingencies and that you ask each young woman you meet to sign it. It will be a little embarrassing but may save you a lot of trouble later on.

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Distruzio
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Postby Distruzio » Wed Aug 28, 2013 1:10 am

The Rich Port wrote:So, I ask: if both parties are drunk, is it double rape? Is rape nullified? Should either party report the other to the police? Should both parties be put in jail?



I was in a jury determining the future of a young man for this very crime. They were both drunk yet she cried rape (upon finding out that, for him, it was just a hook up and he didn't want to date her - which she admitted on the stand). The reality is that she raped him as much as he raped her. So we let him off. He had served his time and received ample punishment.

My thoughts are that neither party should be reprimanded in any way save verbally. They need to be aware of what they've done to one another. Inhibited consent is NOT consent. For that reason I have NEVER had sex with anyone not even the women I have dated (especially not them because I care for them) while I, or they, were drunk or drinking. Never have. Never will. Not even my fiance. I will not rape.
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The Parkus Empire
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Postby The Parkus Empire » Wed Aug 28, 2013 1:17 am

Distruzio wrote:
The Rich Port wrote:So, I ask: if both parties are drunk, is it double rape? Is rape nullified? Should either party report the other to the police? Should both parties be put in jail?



I was in a jury determining the future of a young man for this very crime. They were both drunk yet she cried rape (upon finding out that, for him, it was just a hook up and he didn't want to date her - which she admitted on the stand). The reality is that she raped him as much as he raped her. So we let him off. He had served his time and received ample punishment.

My thoughts are that neither party should be reprimanded in any way save verbally. They need to be aware of what they've done to one another. Inhibited consent is NOT consent. For that reason I have NEVER had sex with anyone not even the women I have dated (especially not them because I care for them) while I, or they, were drunk or drinking. Never have. Never will. Not even my fiance. I will not rape.

So what you're saying is, that you have the capacity to choose not to have sex while drunk, but your fiancee does not?
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Postby Napkiraly » Wed Aug 28, 2013 1:44 am

Drug a person-rape
Intentionally get them drunk to take advantage of them-rape
Both having fun and get drunk for the sake of partying and then later in the night both go "Wouldn't it be fun to shag?" in slurred speech-not rape
Last edited by Napkiraly on Wed Aug 28, 2013 1:45 am, edited 1 time in total.

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Zottistan
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Postby Zottistan » Wed Aug 28, 2013 2:05 am

If both parties are drunk, no rape has taken place, and I'm pretty sure the courts will agree with me. The other party mightn't, though, so it would be wise to avoid drunk sex if you don't want to hurt anybody.
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Fionnuala_Saoirse
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Postby Fionnuala_Saoirse » Wed Aug 28, 2013 2:07 am

If at any point you have any concern that you don't know whether or not you'll be reported for rape by the other drinker then don't fuck them.

It's a simple solution.
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Purpelia
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Postby Purpelia » Wed Aug 28, 2013 2:11 am

An even simpler solution is to not get drunk. Seriously, just drink until you feel it's taking over and than stop. That way you won't get drunk, won't get into drunk sex and won't have moral or legal issues to deal with in the morning.
Last edited by Purpelia on Wed Aug 28, 2013 2:11 am, edited 1 time in total.
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Zottistan
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Postby Zottistan » Wed Aug 28, 2013 2:11 am

Fionnuala_Saoirse wrote:If at any point you have any concern that you don't know whether or not you'll be reported for rape by the other drinker then don't fuck them.

It's a simple solution.

Doesn't help the courts decide what was an actual rape that somebody could be tried for.
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Postby Disserbia » Wed Aug 28, 2013 2:27 am

This is why I hate pc bullshit, when a ton of alcohol is involved its hard to tell. That's really all that can honestly be made of the situation. Men should not have to be presumed rapists because of it.
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Disserbia
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Postby Disserbia » Wed Aug 28, 2013 2:28 am

Zottistan wrote:If both parties are drunk, no rape has taken place, and I'm pretty sure the courts will agree with me. The other party mightn't, though, so it would be wise to avoid drunk sex if you don't want to hurt anybody.

Truth.
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The Parkus Empire
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Postby The Parkus Empire » Wed Aug 28, 2013 2:50 am

Zottistan wrote:
Fionnuala_Saoirse wrote:If at any point you have any concern that you don't know whether or not you'll be reported for rape by the other drinker then don't fuck them.

It's a simple solution.

Doesn't help the courts decide what was an actual rape that somebody could be tried for.

If they're both drunk then apply sober parameters: enthusiastic consent. Fucking simple
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Zottistan
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Postby Zottistan » Wed Aug 28, 2013 2:55 am

The Parkus Empire wrote:
Zottistan wrote:Doesn't help the courts decide what was an actual rape that somebody could be tried for.

If they're both drunk then apply sober parameters: enthusiastic consent. Fucking simple

It you wanted to make it accurate, you'd have to have a system for measuring drunkenness and lucidity better than blood alcohol content. Because drunk people can rape other drunk people, and it could be a case of somebody tipsy having sex with somebody so langared they can't walk straight. It would be very dangerous to have a black-and-white dismissal of the possibility that a genuine rape took place between two drunken parties.
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The Parkus Empire
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Postby The Parkus Empire » Wed Aug 28, 2013 3:06 am

Zottistan wrote:
The Parkus Empire wrote:If they're both drunk then apply sober parameters: enthusiastic consent. Fucking simple

It you wanted to make it accurate, you'd have to have a system for measuring drunkenness and lucidity better than blood alcohol content. Because drunk people can rape other drunk people, and it could be a case of somebody tipsy having sex with somebody so langared they can't walk straight. It would be very dangerous to have a black-and-white dismissal of the possibility that a genuine rape took place between two drunken parties.

Tipsy is not being able to walk straight, it's walking while tipping a bit.

Maybe you mean buzzed?
Last edited by The Parkus Empire on Wed Aug 28, 2013 3:07 am, edited 1 time in total.
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Zottistan
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Postby Zottistan » Wed Aug 28, 2013 3:09 am

The Parkus Empire wrote:
Zottistan wrote:It you wanted to make it accurate, you'd have to have a system for measuring drunkenness and lucidity better than blood alcohol content. Because drunk people can rape other drunk people, and it could be a case of somebody tipsy having sex with somebody so langared they can't walk straight. It would be very dangerous to have a black-and-white dismissal of the possibility that a genuine rape took place between two drunken parties.

Tipsy is not being able to walk straight, it's walking while tipping a bit.

Maybe you mean buzzed?

There's actual definitions? Huh.

Maybe. I don't drink. :b
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The Parkus Empire
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Postby The Parkus Empire » Wed Aug 28, 2013 3:17 am

Zottistan wrote:
The Parkus Empire wrote:Tipsy is not being able to walk straight, it's walking while tipping a bit.

Maybe you mean buzzed?

There's actual definitions? Huh.

Maybe. I don't drink. :b

The point at which which you are noticeably affected at all is buzzed. The point at which you are physically impaired is tipsy. The point at which you walk around like you're on a tight rope is shitfaced.

If I'm buzzed or sober and a drunk woman tries to blow me, I'll stop her. But if I'm tipsy or worse, I'll just be like, "Fuck yeah!" As long as we're both enthusiastic it's not rape on her part or mine.
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Postby Horsefish » Wed Aug 28, 2013 3:17 am

Euronion wrote:If both say yes, and there is no threat of harm if someone says no i.e. not knife to the throat or threat of harm to one's family, then it is not rape

If one party says no, and DO have sex with them, then it is rape.


Apart from it's a little bit more complicated than that isn't it?

On the topic of the thread, I'm sure I'm echoing the majority of people when I say it depends on the level of intoxication of both parties and the intention of both parties.
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Postby Forster Keys » Wed Aug 28, 2013 3:18 am

Zottistan wrote:
The Parkus Empire wrote:Tipsy is not being able to walk straight, it's walking while tipping a bit.

Maybe you mean buzzed?

There's actual definitions? Huh.

Maybe. I don't drink. :b


There's popular definitions, though these tend to mean different things to different people.

In regards to the main issue, I think the central focus has to be on the balance of power between the two parties.
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Zottistan
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Postby Zottistan » Wed Aug 28, 2013 3:21 am

The Parkus Empire wrote:
Zottistan wrote:There's actual definitions? Huh.

Maybe. I don't drink. :b

The point at which which you are noticeably affected at all is buzzed. The point at which you are physically impaired is tipsy. The point at which you walk around like you're on a tight rope is shitfaced.

If I'm buzzed or sober and a drunk woman tries to blow me, I'll stop her. But if I'm tipsy or worse, I'll just be like, "Fuck yeah!" As long as we're both enthusiastic it's not rape on her part or mine.

I'm pretty sure you can drug people to be enthusiastic towards sex. That wouldn't be rape?
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