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Let me throw this example out there......from California Penal Code 261.
Quote:
261. (a) Rape is an act of sexual intercourse accomplished with a
person not the spouse of the perpetrator, under any of the following
circumstances:
(3) Where a person is prevented from resisting by any intoxicating
or anesthetic substance, or any controlled substance, and this
condition was known, or reasonably should have been known by the
accused.
Quote:
261.6. In prosecutions under Section 261, 262, 286, 288a, or 289,
in which consent is at issue, "consent" shall be defined to mean
positive cooperation in act or attitude pursuant to an exercise of
free will. The person must act freely and voluntarily and have
knowledge of the nature of the act or transaction involved.
A current or previous dating or marital relationship shall not be
sufficient to constitute consent where consent is at issue in a
prosecution under Section 261, 262, 286, 288a, or 289.
Nothing in this section shall affect the admissibility of evidence
or the burden of proof on the issue of consent.
Quote:
264. (a) Rape, as defined in Section 261 or 262, is punishable by
imprisonment in the state prison for three, six, or eight years.
I love it when people make my arguments for me. This is exactly why a man can and if she presses charges will be prosecuted for having sex with a drunk woman...she cannot give consent because she is in an intoxicated state.
Sorry, but that doesn't make your case for you. Adults are presumed to be able to give informed consent, which is the exact opposite presumption for minors. That's the key difference between statutory rape versus sex with someone who's been drinking. In the former instance, the aggrieved party is presumed to never be capable of giving consent. That isn't the case with adults, and intoxication alone is not sufficient to negate consent. That is why a man frequently won't be prosecuted when a woman cries "rape" solely on the basis that she was intoxicated. There is no such crime as "having sex with a drunk woman."
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A guy like you who thinks that alcohol does not lower mental capabilites and feels that a drunk person can give consent.
I have never claimed that "alcohol does not lower mental capabilites [sic] and feels that a drunk person can give consent." All I have said is how the law views matters of intoxication and consent. Don't blame the messenger because you don't like the message.
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btw there is a reason why cops can't Mirandize a drunk driver: they aren't able to clearly state they understand their Miranda rights because they are drunk!
Here's another instance where you clearly don't understand the law. Cops can and do Mirandize drunk drivers. And furthermore, any statements the arrestee makes subsequent to being Mirandized are admissible. Heck -- even statements volunteered before they are Mirandized are admissible. As are the breathalyzer tests a DUI suspect consents to. As are blood samples a DUI suspect consents to. As you can clearly see, DUI suspects are still presumed to have the capacity to give consent. And that's why they can be and are Mirandized and their subsequent statements are admissible.
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When you go to law school we'll have this conversation. You have obviously never studied the law.
And what exactly are your legal credentials again?
Exactly. Some of them really didn't realize what they were doing; they may not be easy. Others will use it as an excuse because they are easy. Others will drink to gain the liquid nerve to do it. There isn't one answer to this.
Women, like men, sometimes exercise poor judgment and have too much to drink. I have to question the wisdom of that for women, given the proliferation of males in bars and clubs who are there to bag their prey by any means necessary. I mean, if my 16 year old niece is considered "fair game", then what woman is safe? I'm not going to put the responsibility for this woman's sexual health and safety on every man present, but if she came there with a guy, then it's his responsibility to make sure she gets home safe and sound, not take her somewhere and b*ng her because she's drunk. If the guy doesn't want to deal with a woman stating she may have been "forced" in a situation, then don't try anything with her when she's less than able to make a sound sober choice to sleep with you.
I beg your pardon! You make it sound like every guy in a bar is there to 'bag' their prey by any means necessary. And "if your 16 year old niece is considered fair game, then no woman is safe". To begin with your 16 year old niece has no business in a bar, and probably a short chat with you would rule you out. No woman is safe? What country do you live in? No man is going to bother you if you don't want to be bothered. I think most of the people who read these post's realize you are full of it. Women demand to be treated like equals, yet your post suggests a woman can't take care of herself and it is a man's resposibility to take care of her. I don't like the fact that you classify men in a bar as a bunch of no goods that assault women. You are just plain wrong. And because we have moderator's I won't say a word about your thinking and reasoning abilities.
So now were treating women like there children that cant take care of themselves and bear no responsiblity for their actions?
A Man who tries to bed a girl on the verge of passing out is a scumbag but most of the time if a girl is just drunk and so is the guy i dont see the problem.
Should we make women take breathalizer tests from now on before we sleep with them?
Nobody desrves to get taken advantage of but if you recklessly put yourself in bad situations allot bad things will eventually happen to you..
I've been taken advantage of after I passed out drunk at a female friend's house(a presumably harmless setting!! And it was not raging party or anything), the guy was completely sober because he doesn't drink. I guess I could have pressed charges, or maybe not (I don't know) but I figured it would be a waste of time to try anyway, because I was drunk and I didn't think anyone would have sympathy for me because of that. So anyway, I disagree, it's not always a cop out. I think it definitely depends on the situation. But I'll tell you, that I will NEVER get drunk around men ever again, with the exception of a bf/husband/family. It was a lesson learned, and unfortunate way of learning at that.
I'm not trying to be offensive, just trying to understand this better.
In my mind, why would anyone put themselves in a position where they don't have clear enough thinking to say no? Wouldn't females realize that some men like it when women drink because they might do sexual things they wouldn't otherwise do sober?
If they realize that, then get drunk, have sex, then claim "Oh I didn't mean for that to happen, I was drunk", then I don't know what to think.
I feel like that the drunk explanation is a cop out to make it seem like they aren't "easy."
But that's just my observation, I realize this isn't black and white. I guess this could apply to men too, but I'm trying to understand women better so...what do you think? Drunk excuse a cop-out or legitimate in most circumstances?
i coudlnt tell you that one, because women wont have sex with me drunk or sober
I beg your pardon! You make it sound like every guy in a bar is there to 'bag' their prey by any means necessary. And "if your 16 year old niece is considered fair game, then no woman is safe". To begin with your 16 year old niece has no business in a bar, and probably a short chat with you would rule you out. No woman is safe? What country do you live in? No man is going to bother you if you don't want to be bothered. I think most of the people who read these post's realize you are full of it. Women demand to be treated like equals, yet your post suggests a woman can't take care of herself and it is a man's resposibility to take care of her. I don't like the fact that you classify men in a bar as a bunch of no goods that assault women. You are just plain wrong. And because we have moderator's I won't say a word about your thinking and reasoning abilities.
You cannot make a generalization like, "A man is not going to bother you if you don't want to be bothered. If that is true, why do clubs have bouncers? Some obnoxious men who won't accept a polite no for an answer is one of the reasons. And even some men will back me up on this.
And, I see you haven't been over the "Why are men attracted to young girls thread" where some men are claiming they are wired to chase the youngest women they can get get to, because of biology.
You don't know me or my niece, so you need to stay out of that. I make it a point to school her on the predators out there.
In my post, I said that I believed it was the responsibility of the man who brought her there to make sure she gets home safe, not take advantage, and try to have sex with her in her drunken state. This has nothing to do with women being equal to men. This is about a man conducting himself like a man, instead of a weak p***nk, and then blaming a woman for his actions.
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Do you think when girls say they had sex...
