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I think you're missing some of the argument here. If we simply determine that anyone who has sexual contact with an intoxicated partner is a rapist, then we'd likely need to incarcerate a majority of the population for the crime of sexual assault. That's obviously not a practical thing to do.
Beyond that, who gets to be the victim, and who gets tagged with the term, "rapist"? The vast majority of these claims occur within a context in which both parties have been drinking. Further, both parties have usually reached the point of intoxication (as defined legally for the purpose of driving). Do we do a blood alcohol test and allow the person with the highest BAC to be the victim? How do we account for the fact that so many of these claims are made after both parties have become sober? We have no way of knowing which one was more intoxicated.
People do stupid things when they're drunk. Alcohol is literally a poison which compromises our decision making. That's true for women as well as men. However, we legally hold adults who choose to become intoxicated responsible for their behaviors. That's why we have DUI laws. It's also why being intoxicated isn't a legal defense for a committed crime. If you get drunk and hold up a bank, you're still a bank robber. A man who commits a legally-defined sexual assault while drunk isn't allowed to use his intoxication as a defense, nor should he be.
This attempt to hold males unilatterally accountable for drunken heterosesual hook-ups, is in direct opposition to feminist principle. What it does in practice is juvenalize women--which actually makes it patriarchal.
Members of Congress would be in prison by the drunk argument.
If the person knowingly consumed drugs and or alcohol and consented to sex (adults only) then that's not rape.
If the person was sober or under the influence and changed his or her mind and the partner went ahead anyway, that's rape.
If the person is unconscious and someone had sex with that person, that's rape.
This law will only serve to further the feminist agenda of resolving women of responsibility for their sexual actions and make using them for sex punishable by law.
California is indeed the feminist capital of the United States. I hope eventually gender segregation is enforced in the workplace and residential neighborhoods, for men's sake.
California is indeed the feminist capital of the United States. I hope eventually gender segregation is enforced in the workplace and residential neighborhoods, for men's sake.
I am from Newport Beach, California and I love my state. But I agree with you.
I am from Newport Beach, California and I love my state. But I agree with you.
I'm about northwest of Newport. If only I could find any place that has little interaction with neighbors. Any random person could be falsely accused. Even saying something non-sexual, a man could be accused of sexual harassment.
If the person knowingly consumed drugs and or alcohol and consented to sex (adults only) then that's not rape.
If the person was sober or under the influence and changed his or her mind and the partner went ahead anyway, that's rape.
If the person is unconscious and someone had sex with that person, that's rape.
There has to be a mutual struggle between two opposing forces though as well!
And again, I really wonder where you're coming up with holding only males accountable. This does--or absolutely should--apply to both sexes equally.
When both parties are intoxicated I know the waters get muddy. I really wish I had a clear answer for that. If an accusation is made, it warrants investigation. Regrettably, that's about the best I can say, in addition to believing that drunk sex is a bad idea.
However,
You're right. It's not a practical thing to do. And that's not what I'm suggesting. I am saying if you're sober and the other person is drunk, it's not a good idea to sleep with them. You don't know how true their consent is, even if they give it freely. And not knowing that implies that you're really unconcerned with their ability to give consent. Alcohol IS a poison which compromises decision making, so why would you take a drunk person's word?
Dudes that soberly prey on and bang drunk girls are scumbags. I'm not advocating or defending that. I'm referring to a typical drunken hook up between two consenting adults.
This attempt to hold males unilatterally accountable for drunken heterosesual hook-ups, is in direct opposition to feminist principle. What it does in practice is juvenalize women--which actually makes it patriarchal.
Absolutely spot on insight. Well said.
But that is what a lot of feminism actually does. Perpetually victimizes women. They cannot be held responsible or face consequences for their actions. It's not their fault she got drunk and had sex with a stranger and now feels bad about it, the poor little girl was obviously tricked and manipulated. No way she made a drunken decision that she now regrets. But since there is a man involved, blame can now be shifted for her deviant behavior.
Hell, I'm surprised that women still get DUIs these days. There has to be a male bartender or boyfriend that let her get behind the wheel they can blame for HER deviant decisions. She was obviously intoxicated, so society can't blame her for her decisions, it fairly apparent that a man is responsible for what she decided to do.
If the person knowingly consumed drugs and or alcohol and consented to sex (adults only) then that's not rape.
If the person was sober or under the influence and changed his or her mind and the partner went ahead anyway, that's rape.
If the person is unconscious and someone had sex with that person, that's rape.
And if someone wakes up the next day after consuming those drugs and alcohol, on purpose, even after they consented and says, "Oh, I was to drunk, he had sex with me after I passed out" then thats rape under these types of rules, and no one really knows what happened.
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