posted
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.
-------------------- ~ Ray Scarleteen Volunteer
We must always take sides. Neutrality helps the oppressor, never the victim. Silence encourages the tormentor, never the tormented. - Elie Wiesel Posts: 1231 | From: England | Registered: Oct 2010
| IP: Logged |
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.
-------------------- Heather Corinna, Executive Director & Founder, Scarleteen About Me • Get our book! Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has. - Margaret Mead Posts: 63244 | From: An island near Seattle | Registered: May 2000
| IP: Logged |
Copyright 1998, 2013 Heather Corinna/Scarleteen
Scarleteen.com: Providing comprehensive sex education online to teens and young adults worldwide since 1998
Information on this site is provided for educational purposes. It is not meant to and cannot substitute for advice or care provided by an in-person medical professional. The information contained herein is not meant to be used to diagnose or treat a health problem or disease, or for prescribing any medication. You should always consult your own healthcare provider if you have a health problem or medical condition.
UBBFriend: Email this page to someone!
Printer-friendly view of this topic