Can you be charged for rape if you were too drunk to consent?

[Twalli]

We all know that a person who is too drunk to legally consent is raped if they have sex. What if the other person is too drunk to consent also?

[MrOracle]

It's not politically correct to state this outright, but it's "understood" that the guilty party will always be the man, and the law will always be enforced as such. In a situation where the facts make it clear that a woman was the guilty party, the police and/or DA simply won't bring the charges, so such a (criminal) case won't make it into court. We can't be having women suffer from laws that were created to punish men, now, can we?

[whirled_up_girl]

Well I’m not a lawyer but it seems that the too intoxicated to control one’s actions has not been a very promising defense in terms of acts of violence such as rape. Just as drunk driving is often not a good defense for vehicular homicide. Now if what you’re asking is if a man and women are both drunk and the woman filed a rape charge for being too intoxicated to consent to sex could the man be charged if he was intoxicated and there couldn’t technically consent to sex either? That I don’t know, but it’s a good question.

[WhitneySnow]

No. If you’re sober enough to initiate sex with someone who’s too drunk to consent, you’re sober enough to be guilty of rape.

[Oigit]

Well it seems like the only way to handle it would be for the rape accusations on both sides cancel each other out. But I don't think that would be the case all the time. Simply due to their always being a chance that things will swing to one side or the other.

[ChrisMaster69]

Yes you can be charged with it, note charged not sentenced.

this could be where one of those involved with the sex complains or a 3rd party.

The police would then likely arrest and charge if there were grounds for it.

say a male teacher got a male student drunk and himself drunk then performed oral sex on each other. Either one of those could report it or if someone witnessed it, they could report it.

[natepw22]

It’s on a case by case basis, the law leaves it vague on purpose. Someone intending to get someone drunk to rape them would probably still get charged. If one thing leads to another and you guys were both not thinking, drunk, PROBABLY not. But keep in mind, you can’t use rape itself as a defense.

[Adam1978]

It's impossible for both to rape, if neither is into it there wouldn't be any sex.

[LeeannaDD]

Therein lies the hypocrisy

[FunkyMonkee]

How can YOU be charged for rape if YOU don't give consent?

[Twalli]

People consent while intoxicated, but at a certain amount of intoxication consent can't be legally given.

[FunkyMonkee]

But, if you're the rapist, why would SHE need YOUR consent? If she's gonna give you her consent, that's no longer a rape.

[Twalli]

If the sex just kind of happens and you're both too intoxicated to legally consent neither of you agreed to sex despite having it.

[FunkyMonkee]

I wouldn't consider that a rape unless she complains about it or decides to turn it into a rape. Okay, she didn't consent but she still went along with it, willingly and didn't say, "No". So, it's just as much her fault as yours.

[Birdlegs]

That’s the thing he’s asking. If a drunk girl consents but when sober she decides she was too drunk to consent and says it was rape but the guy was also too drunk to consent would he still get charged? It doesn’t matter what you consider rape it’s what the cops consider😭

[FunkyMonkee]

@Birdlegs Oh! Well, that's not how he asked it. I was just trying to figure out what he was talking about.

[Twalli]

I have difficulty expressing myself clearly, sorry.

[FunkyMonkee]

Oh! You've got your mix talked up?

[Caunsos]

If a man is to drunk to consent they too drunk to get their dick hard. Large amounts of alcohol cause difficulty in sending signals to fill the penis with blood.

[Twalli]

So legally unable to consent due to intoxication is drunk enough to ensure you can't get hard.

[whirled_up_girl]

@caunsos That's actually an interesting point, I think some of the issues with consent in these cases does come down to the differences between male and female anatomy. For instance a women can be unconscious and still be penetrated by man's penis and actually a man could have an erection while unconcious as well, especially if he was given a drug such as viagra. In that instance a man could be raped by a women if she rode him while he was unconcious and was unable to consent to that sexual act. As far as if they are both intoxicated but not unconscious that gets more tricky, although some people experience black-outs with alcohol so they don't remember what happened and unless there is some act of obvious violence I suppose of one towards the other and it become more about just consent alone it would probably be a difficult case to prove. That's just my guess though.

[Caunsos]

Also a cattle prod up the ass will force a man to orgasm

[ImNoOne111]

Then both raped each other 😂
For real, the male one will probably be called the rapist anyway