peruvianskys said:
This to me seems like a strawman because I really don't think it happens as often as people seem to believe. If both parties are drunk and they both consent then sure, it's not rape. But if one isn't drunk, or one is filling the other with alcohol with the express intent to bang him or her, etc. then it is, and the latter is almost always the truth of the situation when you have these "She was totally fine with it last night, fuckin' ladies" stories that bros like to throw around.
My twin brother is a detective of sex crimes. I assure you it happens all the damn time. A lot of people lose 'inhibitions' when they're intoxicated some of those inhibitions include the ability to realize when someone is saying no or is not in sound mind to offer consent.
In a few states (and most of canada) if someone doesn't actually say "Yes" then it can be considered rape.
Daystar Clarion said:
A man can't be raped by a woman.
A man can rape a man and a man can rape a woman but a woman can't rape a man.
Penetration with a penis must me involved, and the penis has to belong to the person committing the rape.
Women can still be charge for sexual assualt, but not for rape.
Ummm.. no.
An erection is often an INVOLUNTARY reaction if the penis is stimulated enough for many men, weather or not they are 'mentally aroused,' it will go erect that is all a woman needs, yes it's VERY RARE, for an adult woman to rape an adult man.
But it DOES happen interestingly, at least in america and according to the UCR, when it does it's usually a group of women to one man such as two women hold the man down while another gets the involuntary reaction out of him and climbs on top or put stuff in orifices he'd rather not have stuff in. Think about this, the most common occupation for a man to get raped in the US? Stripper. That's likely why the cases have groups of women. (not always though)
The most common cause of female on male is a rape by deception, which is kind of what the OP is talking about, that is one party are unable to say "no!" by the circumstances involved. (Such as one party being so intoxicated that they are barely conscious)
awesomeClaw said:
Ok, let´s say you´re at a party. At the party, you meet a cute young man(or woman, or transgender or whoever you want to fuck) and you two get along nicely. You both get a little tipsy and the man/woman asks you if you want to go home with him/her. You go home with him/her and have a night of awkward drunk sex WHICH NONE OF YOU OBJECT TO DURING THE ACTUAL SEX.
You know who else doesn't object and say 'no' when they're being raped? People that are unconscious. Just because someone doesn't say NO doesn't mean they are willing. Most date rapes and/or event rapes (at a party/etc) never have the word 'no' uttered. Most of these occur when BOTH parties are intoxicated not just one, though most likely one might be a lot further along than the other.
They still can get prosecuted as 'rape by deception' don't let the term fool you, it doesn't necessarily mean you lied or put a roofie in their drink it's a blanket term meaning anything that isn't force.
Rape is actually a very grey area when it comes to the law. a lot of 'did you FEEL raped?' kind of questions.
That all being said, no OP, it sounds like the two 'hypothetical' people just got sloppy and stupid. Car crashes aren't the only reason drinking to intoxication can lead to problems.