At what point does alcohol negate consent?

Mordo · June 04, 2015, 06:58:35 AM

Consider the implications of these scenarios and whether they should constitute rape.

Scenario 1: One sober person has sex with a person who consents while drunk, but NOT drunk to the point of incapacitation.

Should this be considered rape? The first party obtained consent, albeit tenuously. At what point does being intoxicated eliminate any kind of consensual choices? How would this hold up in a court of law?

Scenario 2: Two people who are drunk, but not the point of incapacitation, consent to have sex, then one party claims rape the next morning.

Is that justifiable? Were they both raping each other? And again, how would this hold up in a court of law?

Super Irish · June 04, 2015, 07:30:09 AM

I'd assume it would have to be similar to how they calculate if you were drinking under the influence, i.e. breathalyser/blood test and if it's over 0.35 (for the UK, can't remember the units), you're "drunk".

Though I can see that being an obstacle if you were about to have sex, when suddenly...
"Hang on a moment, could you breathe into this for 10 seconds? I wanna be sure I'm not being raped/raping you."

Both of those scenarios mentioned are legally grey areas, but in reality both would probably favour the female in court (if straight sex is going on here). It really seems to be based on the word of mouth when really that shouldn't be the case.

Spoiler

I came into such a problem myself at a party. I could have had sex if I'd obliged, but the girl was completely wasted whereas I, while also drunk, was still "in control". I refused on principle, and that seems to have been to the right path to go down as the next day she had no memory of the events even beforehand.

challengerX · June 04, 2015, 07:33:44 AM

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More Than Mortal · June 04, 2015, 07:35:53 AM

Neither of those situations are rape.

ΚΑΤΑΝΑΛΩΤΗΣ · June 04, 2015, 08:27:01 AM

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Girl of Mystery · June 04, 2015, 08:31:53 AM

It's not rape if she's conscious

DAS B00T x2 · June 04, 2015, 09:25:33 AM

It shouldn't.

If I can get consent to perform emergency first aid as a civilian to a man who's very, very intoxicated, than I should be able to get consent to sex from a woman who's had a few.

The Lord Ruler · June 04, 2015, 10:30:43 AM

Neither are rape but scenario 1 you're still taking advantage.

You may not be rapist but you're still a prick.

Verbatim · June 04, 2015, 10:42:40 AM

Quote from: Madman Mordo on June 04, 2015, 06:58:35 AM

Consider the implications of these scenarios and whether they should constitute rape.

neither constitutes rape, because "rape" is just a shoddy word to use
having sex with a drunk person is just extremely rude, obnoxious, and irresponsible

this is one of those non-issues you like to make threads about

if you have any common sense at all, you won't be fucking anyone if they're not 100% sober
generally speaking, i go by the idea of "too drunk to drive, too drunk to fuck"

and that's not really that drunk at all.

Mad Max · June 04, 2015, 11:30:31 AM

Quote from: challengerX on June 04, 2015, 07:33:44 AM

LOL Remember when Kinder said he'd have a girl do a breathalyzer test before having sex?

What a permavirgin LOL.

To his defense, what sober girl would ever sleep with that fat fuck?

Super Irish · June 04, 2015, 11:39:01 AM

Quote from: Mad Max on June 04, 2015, 11:30:31 AM

Quote from: challengerX on June 04, 2015, 07:33:44 AM
LOL Remember when Kinder said he'd have a girl do a breathalyzer test before having sex?

What a permavirgin LOL.
To his defense, what sober girl would ever sleep with that fat fuck?

But who would sleep with him drunk when that fat fuck is shoving a breathalyser in their face?

Mad Max · June 04, 2015, 11:47:32 AM

Quote from: SuperIrish on June 04, 2015, 11:39:01 AM

Quote from: Mad Max on June 04, 2015, 11:30:31 AM
Quote from: challengerX on June 04, 2015, 07:33:44 AM
LOL Remember when Kinder said he'd have a girl do a breathalyzer test before having sex?

What a permavirgin LOL.
To his defense, what sober girl would ever sleep with that fat fuck?

But who would sleep with him drunk when that fat fuck is shoving a breathalyser in their face?

Maybe she's into that kind of thing.

Turkey · June 04, 2015, 06:33:38 PM

Blackout or unconsciousness is the line of demarcation. If you're intoxicated and consent, and later regret it, that sucks and there may be consequences, but that seems like what adulthood is. Of course it can be dependent on the situation, but in general, drunkenness is a poor cause for rape claims.

BrenMan 94 · June 04, 2015, 07:08:25 PM

Quote from: Mad Max on June 04, 2015, 11:47:32 AM

Quote from: SuperIrish on June 04, 2015, 11:39:01 AM
Quote from: Mad Max on June 04, 2015, 11:30:31 AM
Quote from: challengerX on June 04, 2015, 07:33:44 AM
LOL Remember when Kinder said he'd have a girl do a breathalyzer test before having sex?

What a permavirgin LOL.
To his defense, what sober girl would ever sleep with that fat fuck?

But who would sleep with him drunk when that fat fuck is shoving a breathalyser in their face?
Maybe she's into that kind of thing.

"Oh baby. 0.075. I see you like living on the edge. That just gets me sooooo wet."

challengerX · June 04, 2015, 07:09:25 PM

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The Lord Slide Rule · June 04, 2015, 08:33:07 PM

Beer goggles?

Word Wizard · June 04, 2015, 08:47:03 PM

If she blew you she can't sue you