Shadow Wolf
Certified People sTabber & Business Owner
My personal & business law text book was apparently very wrong.
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Is Having Sex While Drunk Rape?
- Thread starter GodlessHeathen
- Start date
Kilgore Trout
Misanthropic Humanist
Indeed, law as outlined in textbooks and as applied in real life often differ.
It would seem some people drink to intentionally lower their inhibitions. Or as they may put it, to put themselves in the mood.
Seems plausible someone might get legally drunk (say 2 to 3 beers over 2 hour time frame, and that's all) with the idea that they will be more flirty and open to mingling in a way that could lead to sexual relations. Possible they might also be the one to instigate advances toward sexual relations. Still possible they do all of this, and hit on someone that is not legally drunk, who indicates in subtle fashion they are not interested, but the drunk person persists (because their inhibitions are lowered). The two end of having sex together. The next day the 'drunk' person claims they didn't give consent to the sexual activity, or can't remember it. In this situation, wouldn't the court of public opinion say the more sober person is mostly to solely to blame, for as long as it can't be established that the drunk person did give consent.
The sober person could say, "they (the drunk person) came onto me." To which some would say, "ah, I see you are blaming the victim."
Seems plausible someone might get legally drunk (say 2 to 3 beers over 2 hour time frame, and that's all) with the idea that they will be more flirty and open to mingling in a way that could lead to sexual relations. Possible they might also be the one to instigate advances toward sexual relations. Still possible they do all of this, and hit on someone that is not legally drunk, who indicates in subtle fashion they are not interested, but the drunk person persists (because their inhibitions are lowered). The two end of having sex together. The next day the 'drunk' person claims they didn't give consent to the sexual activity, or can't remember it. In this situation, wouldn't the court of public opinion say the more sober person is mostly to solely to blame, for as long as it can't be established that the drunk person did give consent.
The sober person could say, "they (the drunk person) came onto me." To which some would say, "ah, I see you are blaming the victim."
Contract law is typically up to the judge's discretion.
If the person signing a contract is obviously drunk, & is signing something against his interests,
& the other party is perpetrating an injustice, a judge would likely rule it unenforceable.
Anything less onerous is a roll of the dice, & would be influenced by other factors, eg, whether
the aggrieved party is a consumer or a more sophisticated entity. There are no certainties in court.
Regarding rape, what if both the guy & gal are both drunk? Is only the male guilty?
What if its guy & guy or gal & gal sex with both drunk? Are both guilty or both innocent?
This would be another roll in the hay becoming a legal roll of the dice. Prosecutorial
prejudice, judicial whim, & jury makeup will yield wildly inconsistent results.
This is where legislation & regulatory standards would benefit all.
BSM1
What? Me worry?
Yours or theirs?
I'd like to make a joke about his bald pate, & how the carpet matches the drapes.
But that would be low class.
BSM1
What? Me worry?
Oh, now you get scruples...
I've never been infected with those.