Rape (again) - "Drunken consent is still consent"

[rainbowcraft]

I must say that this shocked me....

http://news.bbc.co.uk/1/hi/wales/mid/4464402.stm

Although there is a legislation that says "if you are unconscious you cannot consent", this case still fell through cos the woman was drunk.

Did she make herself vulnerable by being so drunk she couldn't remember whether she said yes or no?

Was this a case of rape? Or regret?

[ladylauraac]

I must say that this shocked me....

http://news.bbc.co.uk/1/hi/wales/mid/4464402.stm

Although there is a legislation that says "if you are unconscious you cannot consent", this case still fell through cos the woman was drunk.

Did she make herself vulnerable by being so drunk she couldn't remember whether she said yes or no?

Was this a case of rape? Or regret?

Is hard to say. But I would never get drunk enough to not know what I was doing.

[damian_steele]

It seems that these days there is a lot to be said for not having sex outside of a stable relationship. Although still some chance for "miscommunication", the chances are somewhat lessened, I'd say.

[chiquita]

So it seems that it's okay to have sex with a woman after she has passed out, and say it was consensual.
A good reason I think to guard against having 'one too many.'
A bluddy disgrace.

[damian_steele]

So it seems that it's okay to have sex with a woman after she has passed out, and say it was consensual.

This particular woman couldn't say for sure whether she had agreed or not. So why ruin the bloke's life on the chance that she didn't agree? The law tends to need more certainty than that. Imagine if other crimes were treated in the same fashion as you advocate for this one:- "So you can't remember if you killed this woman or not, and you can't remember if you were anywhere near the crime scene or not, well I think we'll do you for it anyway".

This also goes back to what the majority of us were saying on my Rape thread; women need to take more care and responsibility over their actions to protect themselves.

[kazzica]

defently and as for being unable to decide if she agread to the act it makes the polices jobs worse. if they haven't got enougth to do with out persussing this type of case all the time. it will problys not go down as rape but as a misunderstanding.

[fatgreek1]

1.30am Any Saturday night, Any town, Any Popular nightclub.

She is a little drunk and is dressed no differently to any other female at the night club and enjoying herself with her mates.

He too is a little drunk and at the club with a few mates and having a good time.

The pair, quite by chance meet and hit it off straight away.

Later and a little more drunk they leave the club and go back to his place where she agrees to sex.


2 months later the man gets his front door kicked in by the father of the girl who is screaming that he has raped his 15 year old daughter who is now pregnant and he has informed the police.

Guilty or not guilty?
edit: Just curious

[TaraCM]

Guilty or not Guilty it dont matter.... she was 15, against the law anyhow

[fatgreek1]

Guilty or not Guilty it dont matter.... she was 15, against the law anyhow

Hi Tara
I'll wait for a few more before the second scenario goes up. This should be interesting

Once again our ships pass in the ether!

[TaraCM]

Ello Greek!

Is there not a law that if you have sex with a child under (age, dunno wot it is) it is automatically classed as rape?