Sexual Health
+1 y

Drunk sex, is it rape? can a drunk girl consent?

If a girl is really drunk and agrees to have sex with a guy, is it rape? What if he's drunk, too? I mean, if she can't give consent while drunk, neither can he right? So by that line of reasoning, they raped each other. (which is pretty silly). In case you haven't guessed, I believe in personal responsibility, and I believe if you decide to get drunk, you decide to be responsible for whatever you do afterwards. You might have guessed from my other questions that I really hate gender bias in the law. The law should treat everyone the same, man or woman.
Yeah, it's rape, even if both were drunk, he raped her
Vote A
No, it's only rape if he was sober
Vote B
Drinking has nothing to do with rape, drunk people are responsible for what they agree to.
Vote C
Select gender and age to cast your vote:
Girl Guy
Updates:
+1 y
Read this. link


The law really says it's rape.
+1 y
Oh, crap! I forgot include a 4th option! What if he's drunk and she's sober? Did she rape him? Please answer
+1 y
Here is a corollary to the original question...if a girl can't consent to sex when she is drunk, that is equivalent to saying she has no responsibility for her decisions while drunk. If that is so, then how can any woman be convicted of drunk driving?
0 0

Most Helpful Girls

  • I can't choose any of your choices, because it depends on a few things. One night a few years ago I was at a party. One of the ladies there was drunk and I think had been slipped some G or some kind of other drug. I don't think she knew she was drugged. She begged me to take her home though I didn't know where she lived and really didn't know her well. The guy tried to prevent us from leaving. He called me a "c*ck blocker". She continued to beg me to take her home in my passenger seat while he begged me to leave her there. Needless to say, I did take her home even though she passed out and I had to drive around for an hour hitting her on the arm saying, "Where do you live?"

    I've also went out one night with one of my friends and started feeling weird after having 2 drinks. I'm pretty sure someone put something in our drinks. I didn't go off with any guys that talked to us, thank goodness.

    When I have been drunk I have known what I was doing. I may have acted differently than sober, but I knew what I was doing. I have had guys keep doing stuff even after I told them no when they were drunk. I think if anyone makes it clear they don't want to have sex be it man or woman, the other person should respect that.

    I have also known women that have awaken to find a person on top of them after passing out drunk. That ain't cool.

    If a girls says "yes, let's go" and doesn't protest at any point, then I don't believe it is rape, but the key is in the details. Maybe a fix it would be not to have sex with someone who is drunk unless you know them well enough to tell if they are going to accuse you of rape, whether you are male or female. (The you in this case is a figurative you.) It's probably best to practice this anyways with all the crazy people out there and diseases.

    • The law should be equal though. That wasn't one of the answers in the poll either.

    • Oh, if the girl was slipped something, that is WAY different than if she decided to drink.

    • To answer your question, I'm not sure if it is rape or not if they are just drunk. I think if the law is applied equally and fairly then all is good with me.

    • Show All

  • Legally in most states it's rape any way it's done, girl rape boy or boy rape girl. In my state being drunk can count as not being fully mentally aware enough to give consent. Usually, the burden of proof falls upon the one who either was less drunk at the time (Or whoever had more control) or (forgive me, but rape laws are not as fair as they should be) the male instigator involved.

    • I know they aren't very fair, that was the inspiration for this thread. And how theck do you prove who was less drunk?

    • That's the funny part... you can't really...

  • HOW IS THAT RAPE? Makes nooo sense! if you're both drunk and both agree to sex then no its not rape. if he's drunk and says he wants sex and she's sober, its not rape. if he/she forces sex on him/her, that's sex. but once you say "I want to have sex" drunk or not, shouldn't be classified as sex. if that's the case then I was raped hahahahahahaha

Most Helpful Guys

  • To start with, I love this question, it is controversial in most of the western world and I believe the law is to narrow minded.

    Have you ever heard, read, seen a movie/tv show where a guy has woken up the morning after and said sh*t I was raped last night by the girl in bed next me after I drank too much? No

    Have you ever heard, read, seen a movie/tv show where a WOMAN has woken up the morning after and said sh*t I was raped last night by the GUY in bed next me after I drank too much? There are heaps of movies/tv shows, newspaper articles ect about this happening everyday.

    So what happens, the mans life get ruined because he slept with some drunk girl who wanted it that night, whether or not he goes to prison for it, it still stays on your record (at least in Australia).

    This is obviously not rape, if you choose to get so drunk you can't remember what you did the night before or whatever and change your mind in the morning because you regret it IT IS NOT RAPE! Your just a stupid drunk who should watch how much you drink and stop ruining peoples lives!

    Well I think I've written enough, this issue gets me really worked up and I could go on for hours.

    Basically you chose to drink, what you do after that you are COMPLETELY responsible for your actions! enough said...

  • No, she has responsibility for her decisions, she just can't give consent. If you get drunk and shoot someone, you are still responsible. Same thing applies.

    It's one of the reasons I never have sex with someone the first time if they have had anything to drink.

    • What is the difference between consent and responsibility?

    • Consent is the ability to engage in contracts while responsibility is being held accountable for actions.

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What Girls & Guys Said

5 5

  • wow, good question. how about if the girl is underage? or the boy? ok, what if they're both underage then? what if the guy got her drunk on purpose so he could take advantage of her? or vise versa?

    i will add that forcing someone to have sex is rape and should be treated more seriously as a violent crime. we should in no way minimalize the crime.

    • Yeah, I agree about not minimalizing the real thing. And I think calling drunken consensual sex rape does exactly that.

  • I think it depends on how drunk the girl is and how drunk the guy is. If they're both severely intoxicated, then I wouldn't say it was rape. If the girl is severely intoxicated and clearly doesn't know what she's doing, and the guy is not, then I would consider that rape. Everyone can tell when someone is soooo drunk they don't know what they're doing.

    • I agree that a gentleman would not have sex with an obviously messed up girl. My question isn't whether it is right or wrong; I'm asking if it is legally rape. Or, more precisely, SHOULD it be legally rape? I'm not talking about her being passed out or anything. I'm saying, she is coherent adn says, yes, do me, baby.

  • i believe that 2 [people can consent if theyre both drunk but the grey area comes when one is sober...

    because there can be intent.. like a guy being like I'm gonna gt her so drunk shell fucvk me or vice versa... I think its more rare with women tho cuzz who really wants to deal with whiskey d*** lol

  • No = No

    Lack of yes (drunk/drugs) = No

    Yes, than no = No

    Yes with condom, but than you don't put on a condom = No

    Yes than pass out = No

    It's really simple. The only time it's NOT rape is if they are conscious and NOT inhibited in any way.

    If you're sober enough to be able to get an erection and think about sex, you're sober enough to realise what you are doing. It's much the same as drink driving. Being drunk isn't an excuse for drink driving. If you're sober enough to operate a car, your sober enough to realise you shouldn't.

    There is a very distinct difference between drunk sex, and "passed out" sex. The link you posted read "The legal shake-up would mean a woman would be considered incapable of giving consent to sex if she had been drinking heavily." Heavily is the key issue. If a girl is a bit drunk but capable of saying yes, than that can be considered consensual (she's sober enough to be able to say no as well).

    A girl completely passed out or near enough to is diminished mental capacity. In that state she wouldn't be able to drive a car, and she wouldn't be able to consent to sex.

  • Rape should be only pursued when one of the parties involved is saying NO and the sex still happens. Sober, drunk, etc one has to be responsibile for themselves.

    To be drunk, have sex and then later decide it is rape, should never be considered rape, just a stupid decision by a drunk. Only exception would be if something was added to the drink !

    • Yeah that kind of exception is very reasonable.

    • Although I reckon there ought to be some other crime like "drugging someone without their knowledge or consent".

    • @cykasenpai That already is a crime!

    • Show All

  • In my state, the law says that a drunk person lacks the capacity consent to sex, so the answer is *legally* straightforward.

    Morally, if a girl comes up to me, says "U wok my wurrld" and sticks her hand in my pants (to cite a recent example), I can f*ck her with a clear conscience.

    • Haha. Well, the law and morality aren't the same thing. We're talking about law here. You are still free to be a gentleman.

    • The law is pretty clear; if she calls the cops, you're beyond screwed.

    • Same thing in my state

  • I'm hoping the law would turn back and say, you were both responsible for your actions.

    If you come in to the court and both say, "he/she raped me!". what proof or evidence is there to say it was rape.

    You would both be too drunk to consent to it, so they'll chuck you a condom and say, "be more responsible next time".

    • I wish it would work that way. :( I'm afraid the guy would be screwed.

    • Dude definitely gets screwed, cold hard slap of sexism

    • Damn. Harsh reality. I guess we are all gonna have to refrain from "raping" each other.

    • Show All

  • Legally, a person who is intoxicated is unable to give consent for sex.

    Therefore, yes, it would be rape.

    • They both raped each other? You realize how silly that sounds.

    • I didn't say it made sense.

  • Unless you intentionally encourage her to drink or drink more with the intention of taking advantage of the situation. I would say no, because.
    The law holds people responsible for their actions while drunk why would the person all of sudden have no responsibility for their actions because sex is involved.
    If you hurt someone while drunk you still are responsible.
    If you destroy property while drunk you are still responsible.
    In all other cases if you are going to drink and there is any chance you might drink to excess you are expected to make arrangements beforehand.

  • Yes, if one of the parties is sober.

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