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» Got Questions? Get Answers. » SCARLETEEN CENTRAL » Abuse & Assault » Alcohol and rape.

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Saffron Raymie
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I have some questions about drunkeness and rape.

1) If the perpetrator is drunk too, and mistakes the other drunk person as consenting when they aren't - is that rape?

2) If a drunk person says yes to sex enthusiastically and then wakes up with no recollection of sex because they'd been so drunk, is that rape?

Thanks.

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'Obtain the virgin's consent before you marry her' - Prophet Mohammad (pbuh)

Posts: 1285 | From: England | Registered: Oct 2010  |  IP: Logged | Report this post to a Moderator
Heather
Executive Director & Founder
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Ray:

From a legal perspective, these answers are going to depends on the laws of a given place.

But in general, per most laws:

1) Probably not, and/or if it is, it'd be difficult to figure who rapes or assaulted who. Rape isn't something that can be mutual, there needs to be a victim and there needs to be a perpetrator. So, if both people are drunk -- and at a similar level, and with neither intentionally intoxicating the other to facilitate assault -- and both people engage in sex, it's pretty much either no one was assaulted or either person could have been.

2) If someone is so intoxicated they have blackouts -- which would be why someone would wake up and have no memory of the night before -- then we can be sure they were unable to give consent the night before.

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Heather Corinna, Executive Director & Founder, Scarleteen
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