Quote:
Originally posted by AXPGoBot
Also what I think is f'ed up is this:
If a guy's at a party, hanging out, having a few drinks, enjoying himself, and this girl there that he sorta knows is obviously drunk, and keeps heavily flirting with him all night. The talk a bit, dance a bit, that sort of thing, and at some point she offers him to come back to her place. They end up having sex, the whole while neither one of them gives any indiciation that this isn't what they want. The next morning, the girl wakes up and realizes what she's done and regrets it. Maybe she had a boyfriend, maybe it was her first time, maybe she didn't want to do that with someone who was just her friend, whatever. Point being, even though she never said "no" she can take him to court, sue for rape and probably win, based on the fact that legally "a woman cannot give consent while under the influence of alochol." Now granted, maybe the guy should've used better judgement in not taking advantage of the girl, but if she was all over him, and he was attrated to her, and maybe had a few drinks himself and was facing impared judgement, it's really not that horrible an act when you think about it like that.
This really burns me up, it "almost" happened to a friend of mine and the situation was just horrible. Here was this guy who was just basically, well, being a guy! And almost had to be charged as a sex offender, and have that follow him for the rest of his life. I think that's kinda f'ed up just because some dumb chick was too irresponsible to control her own actions, now the guy has to suffer for it. Dont' get me wrong, rape is a horrible tragedy, and there's nothing I hate more than someone who could do that to a girl, it's just horrible. But in this case the guy can be the victim too by people who take advantage of the law.
Thoughts on this?
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But in that case, the girl is abusing the system -- it's not a failure on the part of the system itself.
Plus, in many states that's not considered rape. Rape laws differ from place to place, of course, but in most states I believe a girl has to be unconscious or semi-unconscious from too much alcohol (or whatever -- in other words, unable to legally give consent), and not just intoxicated, in order to file a rape charge.
The thing is, these days you need to be really, really careful when it comes to drunken hookups because you don't know if the other person is going to feel violated when one or the other of you is really too drunk to grasp the full ramifications of what's going on. That's why I think it's a bad idea to have drunk hookups in the first place -- it's too risky.
And I agree that if she says "I don't want to have sex anymore" and he continues to have sex, that's sexual assault at the very least, and I don't see how it could be considered anything but.