If both people are drunk, is it still rape?

Anonymous

If both people are equally drunk, is it still considered rape? If so, who is reponsible? Did they both rape each other?

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Most Helpful Guys

Starrk Yoda
+1 y
It's not rape. If such a thing were to occur then it would simply be classified as a misfortunate incident between two irresponsible people. You can't claim one person rape another when both people were not in their right state of mind.

The only way it could be trialed as rape is if one person was drunk and the other was sober. Then it could be classified as rape because the sober person was in the right state of mind to know that taking advantage of someone while in a drunken state was wrong. But when both parties are not sober then no one can claim rape. The courts will most likely dismiss the case. Matter of fact I remember a case very similar to this scenario happening some years ago, and the courts did just that by dismissing the case.
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- Anon1999
  +1 y
  This is not how the police or rape investigations work. They are way more complicated than this and you can both be drunk and one party go to jail for rape.
- Unersheep
  +1 y
  OMG yes a drunk person can rape another drunk person! Are you kidding me? If he/she says "no" and you don't stop it's rape.
- Anon1999
  +1 y
  @Unersheep I'm with you on this one. I can't believe that anyone would think this is true.
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- Starrk
  +1 y
  @Unersheep The asker mentioned nothing about anyone saying "No" or resisting. From my viewpoint I assumed that he meant two people voluntarily got drunk together, had sex, then the next day someone regretted it and cried rape. I don't know about you or @Anon1999 but that's the scenario that was playing in my head when I was answering the question. If that's not the scenario the OP was thinking of, then I'll admit, I gave some fuck up advice. These rape cases are too damn tricky, especially when you throw individual state laws in the mix. Also, how the hell did I get MHO?
- Asker
  +1 y
  Starrk, yeah you're right, I mentioned nothing about saying no. These are two people who agreed to go along with it but just happened to be under the influence. If one of them said no, it's automatically rape, I'm smart enough to know that.
- Anon1999
  +1 y
  @Starrk haha! Okay see I took his question as in that rape couldn't occur because they were both drunk. Two completely different interpretations to the question. Yeah in your case if they were both willing participants like you said Starrk then you are absolutely correct.
- Anon1999
  +1 y
  Well asker I agree with what you said right there. How can it be rape if it is two consenting adults who happen to both be drunk. It's not illegal to get drunk and have sex that is consensual
- Unersheep
  +1 y
  I'm sorry that I misunderstood.
- Starrk
  +1 y
  Okay thanks for clearing that up Asker, because I don't want anybody thinking that I endorse drunk rape. Also thanks for the MHO.:) @Anon1999. Oh I see now. If thats how you interpreted this question then I can understand why you'll have a problem with my answer. Hell if I was in your shoes I probably would have reported my answer on grounds of "stupidity". xD
- Anon1999
  +1 y
  If anyone needs to be reported for stupidity it would be me for making that misinterpretation of the question lol! My apologizes for the mistake/misunderstanding +1 to your answer though. Good job. Thanks for being cool about the misunderstanding though :)
- Starrk
  +1 y
  @Unersheep Its okay. The question was put in a way where multiple interpretations could have been created.
- oracle12c
  +1 y
  The law in the USA may say it's rape if a sober person is taking advantage of someone while drunk, nevertheless it's still not rape in the right sense of the word. If a drunk person consent to sex, it's not rape period, then it's seduction. The drunk person did choose to lower his/her guards by getting drunk, hence make a choice. And since the sex was consensual, it's fine however morally objectionable. Rape is by definition non consensual sex.
Transigence Xper 6
+1 y
There are standards for distinguishing between being intoxicated and being incapacitated, and they vary from state to state.

Having sex while drunk isn't rape. Having sex with someone who is incapacitated is.

There's a huge push from the feminist hate movement to make it so that having sex while drunk means the man raped the woman. This doesn't fly in the real world, but do be careful on college campuses. In a college campus, any woman, at any time, can point the finger to any man, and he will be dragged into a star chamber tribunal and found guilty of rape and expelled from school and have his reputation marred. No evidence necessary.
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- Asker
  +1 y
  Good point! In this case, I mean drunk enough to not overthink decisions but not drunk enough to the point where you can't walk straight or speak.
- Transigence
  +1 y
  @Asker When you drink, you were considered sober when you decided to drink so you're responsible for the decisions you make when you're drunk (hence "I was drunk" isn't a defense against a drunk driving charge). When you're incapacitated, and someone does something to you, that's not a decision you made, so it's rape. But if it goes to a criminal trial over levels of intoxication, each state has a policy on deciding whether it's gone too far. But I know that if you can walk down a hallway and hold a burrito, and operate a door lock, you're not incapacitated.

Most Helpful Girls

whattothink Guru
+1 y
I firmly believe that there is a difference between a drink or two and too drunk to give consent. I have had set after a couple drinks and was fully able to give consent. If she can't stand up or slurring her words that is definitely taking advantage.
On the flip side I have a friend that likes to call me up to spend the night after he's had a few. Not gonna lie, he's drunk. But he loves it, and is completely OK in the morning. I would never consider it to be rape. So sometimes it also depends on the situation.
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ThinkPrettyThoughts Xper 6
+1 y
You can't give consent to sex if you're under the influence of drugs or alcohol. This scenario is tricky, however. I think it depends on whoever decides to press charges, if it ever came to that. It's likely that the female will do so first, so we all know how this story plays out..
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- Asker
  +1 y
  So would it be ignored if the guy chose to press charges first?
- ThinkPrettyThoughts
  +1 y
  I'm not a lawyer, but I hope that no case would go ignored.. There's a double standard when it comes to rape though. When a man accuses a woman of rape he's ridiculed. :( So I'm not sure the case would be taken as seriously if, say, the woman accused the man of rape. It's just all so terrible.
sherbearee Editor
+1 y
I say no if was consensual, but under influence
Just don't get so drunk next time..
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- Asker
  +1 y
  Lol I didn't get drunk, just a question that popped in my head :P
- sherbearee
  +1 y
  No i didn't mean it to be directed to you, just in general aha
- Asker
  +1 y
  Oh okay lol the last comment made it seem like it ;P haha
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- sherbearee
  +1 y
  oh oops, sry then x)

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What Girls & Guys Said

4 8

bang678 Guru
+1 y
Its rape. But im not sure about who is responsible. Unfortunately probably the guy (assuming we're talking about a girl and guy).
0 1 1 1
- Asker
  +1 y
  What if the guy wanted to press charges? Would they not believe him?
- bang678
  +1 y
  Its less likely that he'll be believed , but there's slowly cases of men being raped being brought to light.
CiaraRihannon Xper 6
+1 y
yes it is rape
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- Asker
  +1 y
  Who's responsible and why do you see it as rape? Keep in mind, no one used excessive force and they were both "equally" drunk.
- CiaraRihannon
  +1 y
  Well it depends on the situation. If the girl was completely out and the guy had sex with her, I consider that rape. If both the guy and the girl are willing to , i don't think it would be rape.
- Asker
  +1 y
  Intoxicated not Incapacitated. Both people are conscious, can speak clearly and walk normally but under the influence of alcohol.
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- JoelBuckley96
  +1 y
  What about if the girl forced herself onto the guy?
AleDeEurope Master
+1 y
Yeah, it's still rape, and the man will get charged.
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- Asker
  +1 y
  But she did the same to him, why focus the guy?
- AleDeEurope
  +1 y
  Because that's how it is. The man usually is the strongest of the two, so they believe that because of that, he's the one that took advantage.
- Asker
  +1 y
  No I get that the courts are usually against the men and I agree with you but this wasn't a display of strength or forceful sex, as far as we know the girl gave consent but both people were really drunk so the line of consent is blurry.
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- AleDeEurope
  +1 y
  I know it's not about forceful sex, but if what happened is considered rape, then they will believe that it was forceful, and since the man has more strength, he'll be the one being charged, even though that's a stupid reason. I don't know if there may be another reason behind why is the man getting charged, but we all know that males are usually the ones to lose when it comes to a court battle against a woman, just like you said.
Cjanes Xper 7
+1 y
As long as it's between to consenting adults it's not rape. Even if one is sober it's not rape ( though it is slezy underhanded and a bad idea)
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- Asker
  +1 y
  In this case the line of consent is blurry since both parties would be drunk.
- ThinkPrettyThoughts
  +1 y
  If one is sober and the other is drunk then it is rape. By law, you can't give consent to sex if you're under the influence of drugs or alcohol.
- Asker
  +1 y
  @ThinkPrettyThoughts I clearly stated that "both" are drunk.
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- ThinkPrettyThoughts
  +1 y
  @ Asker, well, I wasn't responding to YOUR question. I was responding to HER scenario of one person being sober while the other is drunk. Read.
- Asker
  +1 y
  The whole point of you commenting in my question is to answer MY question, bringing in a new scenario is irrelevant to me. So maybe you should read what I asked.
creepycreeper Xper 6
+1 y
All consensual sex between a man and a woman is rape according to radical feminists. The only way sex is not rape is if it is between two gay people apparently.
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- Asker
  +1 y
  Lol damn radicals!
whowatwyn Xper 4
+1 y
Legally yes
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- Asker
  +1 y
  Who would be responsible legally?
- whowatwyn
  +1 y
  That's what I don't know. I know that if one isn't drunk then legally it is their fault. But for some reason the law doesn't think that when people are drunk, even if they aren't crazy drunk, they cannot make a truly conscious decision to have sex. But here's where I make a personal judgement call if both people wake up and are okay with the fact they had sex... then hey, they had sex. The law is weird
I_am_repulsive Guru
+1 y
Depends on who took advantage of who, but if they both consent then it's not rape
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- Asker
  +1 y
  The line of consent isn't defined since they were both drunk. As for taking advantage, no one sought out to take advantage the night just progressed to a sexual ending.
jakeofalltrades Master
+1 y
no only the guy will get charged
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- Asker
  +1 y
  Sounds about right :/
Anonymous
+1 y
You could almost say they raped each other since neither gave consent. It's complicated
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Anonymous
+1 y
This question was asked almost with the exact same wording not too long ago. Yes it is still rape the police have a way of determining it.
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- Asker
  +1 y
  What would be the way to determine it? Also I didn't see any other question, this just popped in my head
- Opinion Owner
  +1 y
  I don't by you came up with the equally drunk because that was the point of emphasis on that question was they are equally drunk. I am not going to go into detail regarding what goes on within a rape investigation but it is much easier to determine than people think.
- Asker
  +1 y
  I put equally because people on this site always look for loopholes instead of answering the questions and like i said, didn't even see the other question. This case would be different, no one is denying sex did happen so finding his semen in her body is irrelevant. As for testing levels of BAC by the time someone tries to press charges it will be gone from the system, so I doubt the police have a fair way of determining it. Taking a blood sample is useless too because no one was drugged.
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- Opinion Owner
  +1 y
  Still no where close to how to an actual rape investigation goes.
- Opinion Owner
  +1 y
  Equally drunk doesn't mean anything. Short and to the point both drunk, if consensual then both parties active willing participants if not consensual one person is doing the action while the other is not willing and not actively participating to the other person without consent i. e. rape.
- Asker
  +1 y
  That's actually exactly how it goes, you can look up the procedure for rapes or how investigators use rape kits nothing is different.
- Opinion Owner
  +1 y
  Oh really. You must have worked a police officer or at a district attorney's office dealing with rape cases huh?
- Asker
  +1 y
  Feel free to read:
  
  https://www.rapecrisis.org.uk/Policeprocedure2.php
  
  www.rainn.org/.../rape-kit
  
  www.policeone.com/.../
- Opinion Owner
  +1 y
  I don't need to read because I real life experience with this. That is why I think it is laughable you are referring me to websites. I've witnessed a woman charged with raping an unwilling man and go to prision for it. So when you go to start spewing opinion as fact there is someone out here who knows the difference and will call you on it.
- Opinion Owner
  +1 y
  Also I read through those articles they only cover about 20% of what actually goes on during an investigation. There is a reason why it is not fully disclosed for public consumption.
- Asker
  +1 y
  Your single experience is not a replica of the scenario I stated. Unless the woman who you witnessed getting charged was "equally" drunk to the male counterpart like I stated in my question then everything you've managed to concoct within this conversation is irrelevant. Also let's be clear you stating "the police have a way of determining it" is not saying anything at all. So maybe you should read and learn a thing or two on the subject.
- Opinion Owner
  +1 y
  Your argument of 'equally' drunk means absolutely nothing. It puts them on an even mental capacity. You are the same person who posted the last question because you are using the same arguments you made last time. Also you don't know the full scenario which is pretty much identical to your argument. I used one where the woman got charged because from your other posts you don't believe they get charged with rape. I know plenty on the subject I would suggest you thinking that just because you read a few articles online that makes you an expert on something because you aren't. This whole equally drunk argument you are making is laughable. There are very young users on this site so unless you really know what you are talking about I'd suggest not stating incorrect information as fact.
- Asker
  +1 y
  Give me a link to the other question and I'll write a comment anonymously, if it will get you to stop bringing up an irrelevant question. You seriously can't even come up with an argument without bringing up another question I had nothing to do with. So go ahead, give me the link and stop wasting my time or just admit you know nothing of what you're talking about. Bringing up age just proves to show everyone else that being older doesn't make you mature or any less ignorant.
- Asker
  +1 y
  Is this the question you meant? It's the only one I could find that came up recently.
  www.girlsaskguys.com/.../q1559468-is-drunk-sex-rape
  
  That guy isn't even in my age range, he's 27.
- Opinion Owner
  +1 y
  It's one that I commented on yes. But there were a couple of more with users that may or may not have been you that I was referring to. They were commenters on the questions. If I decide to go back through my history ill post the links to all of them on here. I comment on those because of the misunderstanding and the age of consent ones because a lot of them are incorrect and someone is going to get in serious trouble with that incorrect information. Anyway getting back to this with the drunk sex your logic is just off a little. RAINN is a great resource but it presented more on a federal level. Local abuse shelters work closely with them typically to help bridge the gap between laws in each state. Have you ever thought or considered working for the police?
- Opinion Owner
  +1 y
  I saw your explanation to Starrk at the top I interpreted the question different than how you did. With what you said under his post that is just two consenting adults who had drunk sex. Nothing illegal about that at all.
- Asker
  +1 y
  I can't make you believe anything you're not willing to but this is in fact my first question on the topic, like I said before you want to find those links then I'll be happy to comment on them and prove I'm not the asker. Any person can seek to take their trial to a federal level before the Supreme Court if they deem their previous trials unworthy so even if RAINN procedures are based off of a federal level that doesn't mean it would cease to be used. I'm interested in law but nothing to do with the criminal justice system.
- Opinion Owner
  +1 y
  Okay that is a whole another argument that I am not even going to touch. I think you really need to read up on how the appeals system works as well as what makes a crime a federal offense and going to federal court.
- Asker
  +1 y
  I know how the appeal system works, as long as their is reasonable doubt and precedent you can make it happen, it will take time but still possible with a good lawyer. Anyway we're getting off topic, let's leave it at that unless you had something else to add.
Anonymous
+1 y
No its not. And there was a case at colgate university where a guy and a chic got drunk and (witesses saw the girl initiate it) had sex. Then the next day she claimed rape and the guy was kicked outta the school whe, since bith parties were drunk its not rape. So now he sueing the college.
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Anonymous
+1 y
No, it is not.
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