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Let's talk about rape and alcohol

mark14

Council Member
I don't think the proper analogy isn't "If I get so drunk I can't remember setting fire to that orphanage, that doesn't let me off the hook" but more like "If I get so drunk I can't remember being set on fire, that doesn't let the arsonist off the hook."
 

mark14

Council Member
so really your example has nothing to do with this thread
Are you replying to me? If so, I responded to the premise of the top post and think that should be clear enough. I wasn't following "this thread" whatever it may be.
 
P

PACE

Guest
It's become axiomatic in our justice system that being drunk doesn't excuse committing a crime. And I don't have a problem with that.

However, it's also become easier to charge a guy with rape if he has sex with someone who's too drunk to realize what they're doing. This double standard has always bothered me.

If I get so drunk I can't remember setting fire to that orphanage, that doesn't let me off the hook. I'm still responsible for my actions. But if I get so drunk I can't remember agreeing to have sex with someone, I don't bear any responsibility, because I was too drunk to consent. This is a horrible double standard.

Mind you, this only applies if I chose to drink. If I was drugged, or was unaware that the other person was slipping vodka into my Shirley Temple, then I was robbed of my ability to consent.

Very interesting discussion, so with regards to omission under the law, if you force yourself onto to someone else, and the excuse could be "i was drunk" and the victim considers that rape, you cannot defend yourself, by saying I was too drunk to know.

That's like saying I passed the stop sign, because I thought it meant
"state trooper out pissin", tried this once, it didn't go over well

But on the other hand, if a victim is too drunk to use common sense and consenually engages in sex, that does not turn into rape later on.

Alcohol + sex does not =rape

But:

violence + sex = rape

Rape is not an act of sex, it is act of violence.

So in the fit of a drunken rage, one beats up one's spouse, spouse presses charges, one defends by sayng he or she was drunk, one still goes to jail, long after hangover wears off.

Regards
Pace
 

mark14

Council Member
Not so fast. If I drug someone and non consensually but non violently have sex with them it is rape. Even if they drug themselves and I non consensually but non violently have sex with someone it is rape. We need to recognize that sex is something that requires consent from someone capable of giving consent. Life is full of gray areas and drug use doesn't mean inability to give consent but if someone feels strongly enough to claim rape it should be taken seriously and deserves to be decided though the legal system.
 
P

PACE

Guest
You're right mark, what I said was consensual sex, forcing one's self on another without their consent is rape, and it's an act of violence, force is violence, it does not require a gun or knife, it's an act forced unwillingly upon another.

Regards
Pace
 
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