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» Scarleteen Boards: 2000 - 2014 (Archive) » SCARLETEEN CENTRAL » Abuse & Assault » Alcohol and rape.

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Author Topic: Alcohol and rape.
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?


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

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Executive Director & Founder
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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
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