If a girl is drunk, is it okay to have sex with her? (attorney, accuse)

[rainroosty]

Originally Posted by Adi from the Brunswicks

I would avoid it, just because there is a possibility of trouble.

From my point of view, women are the most sensitive and genetically complicated species on this planet. Guys never know how a woman's thought process works, but women can read a guys mind in seconds and confirm he is sex thirsty cheap trash who deserves no love. Be very careful about getting laid guys. Think deeply and intensively till you get brain sweats about whether she is trying to act deceptive and lure you into a heap of trouble and misery. ALWAYS REMEMBER, Women bank upon a mans stupidity to deceive him.

LOL! What a load of crap! .....Yeah...look out for those women! They're all conniving, no-good manipulators and will take the shirt off the backs of us stupid men-folk!
Thank you, Dr. Phil.....you stud, you! .........

[chacho_keva]

IMO, be they sober or drunk, it's OK for two consenting ADULTS to engage in intimacy.

[Finger Laker]

Originally Posted by Drover

Yes really.


You are conflating intoxication with incapacity. They are not synonymous. While the statute acknowledges that alcohol can cause incapacity, it does not list "intoxication" as a cause of incapacity. That is not an accidental omission.

I'll cut to the chase: There isn't a single state in the union wherein intoxication alone is equivalent to incapacity, only that intoxication can cause incapacity -- that is, being so intoxicated that you literally cannot move or speak or otherwise signify consent or the ability to understand what is happening around you. But as long as you still have the capacity to act and respond to others' actions, you still have the capacity to give or withdraw consent. The law and the courts are not going to take pity on you just because you deliberately ingested some substance that lowers inhibitions and you acted accordingly. The threshold for incapacity is much higher than that.

Um

That simply is not true

The statute I posted is very clear

Many statutes have separate classifications for those passed out or unconsious

The language isn't any more clear than what I posted

That is the law

Incapable of consent by reason of alcohol or any other similar impairment of congition

Nowhere does it mention you have to be incapacitated .... just impaired

You can try to make up your own laws if you want though .... good luck with that

[lurtsman]

To OP: Great posting format. Yes and No is clearly the correct answer. Since you designed this so well, I will play the game and go through those scenarios. Assuming you are referring to a situation with two adults.

My answer to Dr. Phil's tweet yes and no because it depends on the circumstances. So, I'd like to know whether or not you would consider the following scenarios to be rape:
N for no, Y for yes.

1. Two sober people who both consent to sex. No
2. Two sober people where one doesn't consent to sex. Yes
3. A drunk person initiates sex with a sober person. Depends.
4. A sober person initiates sex with a drunk person. Depends.
5. Two drunk people have sex. Depends.
6. A drunk person initiates sex with a passed-out drunk. Yes.
7. A sober person initiates sex with a passed-out drunk. Yes.

3,4, and 5 are the hardest distinctions in my book. In those cases, if the two individuals are in a relationship where they frequently engage in sex while sober, then no, assuming no active refusal. If one party says "no", it is rape regardless. If both parties are willing while one or both are drunk, but they have regularly been willing while sober and there was no change in their relationship, then being drunk is a non-issue, in my opinion. There is also the degree of intoxication.

If I was on a jury, this is how I would treat it.
If he, or she, is legal to drive, their facilities have been found to be functioning properly to make life or death decisions. If they are legal to drive, they are legal to consent. If they are not legal to drive, they are not legal to consent, unless they gave consent prior to getting drunk and maintained that consent. If they were sober and clearly said they wanted to engage in those activities with that person, then getting drunk would not remove their consent. If while drunk they refused to maintain their consent, then I would rule yes, it is rape.
So: If consent is giving while sober and maintained while drunk, not rape.
If consent is not given until after legally impaired, rape.
If consent is given while sober, then removed after legally impaired, rape.
Unfortunately, it is unlikely that even as a jury member that I would have access to that information.

Looking through all the short answers, I get the feeling most people are treating this from a perspective of meeting someone in a bar, rather than being in a committed relationship.

[Amy1190]

Originally Posted by lucky4life

Rape is forced penetration or non consensual sex. More men are raped in this country than women due to our prison system.

Our society is becoming a very scary place for young men. When I was in HS a girl that got drunk and slept with someone at a house party was called promiscuous. Now that girl is called a rape victim.

We've made it far to easy for young women to not take responsibility for their own actions. A girl can literally have drunk sex and file a rape charge the next day if her parents or friends find out as a way to save face.

There is a BIG difference between consensual drunk sex between two young people that have been drinking, and a woman being penetrated that's unaware of it, due to being blacked out.

But the flip side to your argument is that if the girl is drunk but the guy is not, she is not in any position to "consent" as she is inhibited by alcohol. The guy can always turn the sex down, since he is still in control of himself and his will.

[Ghengis]

Originally Posted by thatguydownsouth

I wouldnt be married to day if I didnt sleep with a drunk girl at a party

if only you'd had a condom

[WFW&P]

Originally Posted by Pinkmani

In August of last year, Dr. Phil tweeted this:






My answer to Dr. Phil's tweet yes and no because it depends on the circumstances. So, I'd like to know whether or not you would consider the following scenarios to be rape:

1. Two sober people who both consent to sex
2. Two sober people where one doesn't consent to sex
3. A drunk person initiates sex with a sober person
4. A sober person initiates sex with a drunk person
5. Two drunk people have sex
6. A drunk person initiates sex with a passed-out drunk
7. A sober person initiates sex with a passed-out drunk

Given the context of your OP question the answer is "yes."

1- N
2- Y
3- N
4- N
5- N
6- Y
7- Y

[pacific2]

Originally Posted by lucky4life

Rape is forced penetration or non consensual sex. More men are raped in this country than women due to our prison system.

I have not looked at the stats to see if this is true, but one problem doesn't negate the seriousness of the other.

Our society is becoming a very scary place for young men. When I was in HS a girl that got drunk and slept with someone at a house party was called promiscuous. Now that girl is called a rape victim.

Good old days??? Yeah, let's go back to calling girls names to solve the problem, 'cause it's just soooo scary being a young man; and never would any young man ever rape an intoxicated young woman.

We've made it far to easy for young women to not take responsibility for their own actions. A girl can literally have drunk sex and file a rape charge the next day if her parents or friends find out as a way to save face.

Young men must also accept responsibility for their actions. The courts are set-up to sort things out since there are no angels on this earth. True, some girls can falsely claim "rape," but being intoxicated in and of itself can also lead a girl to do things she otherwise would not, and men know this.

You are frighteningly naive if you think that "date rape" is not a big problem. Ever heard of date rape drugs? How about fraternity "trains" AKA gang rape? I have news for you, there are some really bad people in this world who would not hesitate to take advantage of an individual, male or female, if given the opportunity. It happens ALL-THE-TIME. Luckily, some of this scum ends up in prison.

There is a BIG difference between consensual drunk sex between two young people that have been drinking, and a woman being penetrated that's unaware of it, due to being blacked out.

People, both men and women, need to think about the potential consequences of their actions. Rational thinking often goes by the wayside when alcohol is involved.

[iowa4430]

It's fine as long as the person is participating and isn't objecting. Drunk or not.

If the other person is incoherent and barely responsive.....yeah that's not good. If you are sober, it's not hard to tell. If you are both drunk, it becomes a bit more difficult to tell though

[Osito]

I don't think it's right to have sex with a drunk person, regardless of who is drunk. They can't legally give consent. Some people do things when drunk, or want to do things when drunk, that they wouldn't normally do sober.