If a person has to ask these mundane idiotic questions in order to know if they are doing something inappropriate, wrong, or illegal, then being incapable of making a determination of whether or not you have a right to have a certain kind of contact with someone this should be a no-brainer if she's not conscious then you shouldn't be doing anything to her if she didn't ask you or invite you in you shouldn't be in everything you do say think and respond to you is raped because you do not know what rape isn't so I will tell you what rape isn't if she says let's make love let's be intimate let's do this and you go ahead and do it then that's not right because she is giving you her consent if she's not conscious and she has not giving you her cassette so yes, it's rape. anything you do to her body against her will anything you do to her body without her knowledge or her consent that's you got raped and called assault you caught whatever you want but you shouldn't be doing it.
Let's try different approach here anyone who asks the question if it's rape the answer is automatically yes. If you do not know definitively that she wants you to do something to her or with her and you're thinking about doing it anyway it's rape there's no way you can be asking this question without contemplating doing something bad to someone, because no one who has consent to do something is going to be asking this kind of question.
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Read the file. Here's what actually happened.
He got convicted, appealed, lost the appeal, and then got the appeal over turned by pointing out that the wording of that particular law is poor and says "mental incapacitation" must be involuntary. The file notes that when these definitions were communicated to the jury, they were not conveyed accurately as written, and legally that's considered an error. At the time, the jury ruled against the guy based on how the law should be rather than how it is -- but that still entitles him to a new trial. He was *not* let go or found not guilty, he is being given a new trial and it's specifically stated that the legislature is entitled to correct the wording of the law if felt necessary.
So if the law isn't amended, and he gets the conviction overturned, then you can complain. Otherwise, it seems like a poorly worded law is being fixed because the poor wording was pointed out when someone attempted to exploit it. Mistakes were made, but we have every reason to believe the correct judgement will be arrived at again.
Passed out drunk, yes. That is absolutely rape as you're taking advantage of an unconscious person.
A little drunk... Well it depends but I'd say no, I've slept with a guy who I wouldn't have slept with if I had been sober at the time but does that mean he raped me? No. In that moment, at that time, I consented and it would be amoral of me to pursue legal action when:
a) He was just as drunk.
b) He did not deliberately get me drunk.
c) Although I didn't initially invite his advances, I didn't resist them either. I knew what was happening and I let it happen.
Don't stay silent if you're uncomfortable during or before sex and think deeply before accusing someone for something as serious as rape.
Sooo, if you passed out and I shot you to death is it murder? Hell, no one told you to get pissy drunk and say you hate your life, I wish I was dead while under the influence of an intoxicating drink and then pass out. Hell, he said he wanted to die, so I shot the MF! Annd, now, I'm being called a murder instead of psychiatrist (No offense to the Psychiatrist of the world) Just trying to make a point. If someone is not capable of a mutual agreement to do something it is what it is..."Rape" "Murder" "Theft" Whatever!
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I personally do not agree with Minnesota's ruling and think it is wrong, but it is technically a valid ruling. Unfortunately rape is a state by state matter. Most laws are. Each state can define what it legally considers rape. The military always taught us that a drunk/otherwise impaired person cannot give consent and most states hold this to be true, but according to Minnesota Supreme Court, this is not the case. Another thing that sucks is that the U. S. Supreme Court would probably not take this up because this is not a matter of Constitutional Rights. However, whether or not consent can be given is a separate matter from a person having common sense. Yes, it is very wrong for anyone to sexual take advantage of someone who is drunk, but at the same time it is common sense that you lose your wits and ability to defend yourself when you are impaired. That is not a pass to be taken advantage of, but reality is criminals do not care about laws and law enforcement/courts are imperfect and each individual is ultimately responsible for their own personal safety.
irregardless of what hook up culture says NO MEANS NO! Idc if the women that disagree with that say otherwise. We need to live in a society where we take people at their word and move with the information given. The chase game/fantasy being fulfilled for some women is not worth the cost of rape for the ones who didn't want that. The cost is too high. Rape has to be at the top of worst things that can happen to anybody right up there with murder. Some might say they'd rather be murdered than raped. I for one think rape is the most horrible thing anyone could experience. I'm not a woman but as a man I would be broken if I was raped. The idea of getting locked up and raped in prison is a huge fear of mine. I've always stayed on the right side of the law. But I have seen guys who were locked up for one reason or another that didn't belong there and so the idea horrifies me to my bones.
In the old days women took some responsibility... what do I mean by that? Instead of going to hang out with horny men by themselves and then getting 'surprised' if 100% of those men aren't saints, she would go with female FRIENDS who looked out for her and didn't let her be alone with guys. But a lot of modern women believe that every random man is 100% responsible for her and she's not responsible for anything.
Now some read that and will want to claim that I'm saying it's okay to rape somebody. That's not what I'm saying. I'm saying: do stupid things, win stupid prizes.Nowadays that's called victim blaming and you should educate your son's not to rape because of course they otherwise would.
The court presumably took the view that if you put yourself in harm's way, completely unprotected, bad things may happen to you because the world is a bad place.
I find it highly unlikely that they said or implied she deserved to get raped.23 rapists in the house so far. Just because someone gets drunk doesn’t mean you should have the right to rape them. What is someone takes medicine that makes them back out- do they deserve to be raped too? Or what if they are injured and knocked out? Should they be raped?
To those (so far) 25 guys who voted A, all I can say is I'm quite certain you've either never had a girlfriend or no longer do. What girls would ever want to be with self-entitled guys like you? Truth be known you all have no sexual lovemaking skills whatsoever, don't know how to please a girl sexually therefore you resort to rape fantasies !
Next, they'll say that pedophilia isn't a crime. To compare.
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Can a child willingly and knowledgeably give consent? Nope.
Can a woman who has passed out willing & knowledgeably give consent? Nope.
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Some may say that the woman knowingly got drunk. Not necessarily. Some people can hold their liquor far better than others and that's not including date-rape drugs.But that’s not what the text from the case says.
https://casetext.com/case/state-v-khalil-6
So which is right, your headline or the court records of the case?Of course. And even if she talked to you about having sex before she blacked out still and 100% wanted it, it's still rape. Which can cause problems i guess if the woman actaully did it want and was just having sex like people when they go out for a drunk one night stand.
Well I mean in the UK if a girl is under the influence she legally cannot consent to sex so... I personally disagree with this because while it basically gives a clear cut rule regarding drunken sex and date rape etc. It also opens the door for retroactive withdrawal of consent. Such as waking up next to someone you thought was good looking the night before but in hindsight not so much the following morning. Or, situations where a girl sees her friends a few days later and they either make fun of her for going home with a guy that wasn't that attractive to them or basically say she made a bad decision.
While I think that this is definitely raping since there's no consent from the blacked out person and it's a horrible act, why would you get so drunk that you pass out?
It's revolting to me that there's a couple hours passing by while I don't know what's happening to me or what am I doing. Is that just me? Am I the weird one? Turns my stomach upside down just thinking about being so wasted that I'm completely on the whims of someone else (s), friend or stranger.It's rape because she was knowingly passed out to the people around her. And the accuser used that as an opportunity to to have sex with her when she couldnt say yes or no...
If you can watch a show I recommend it to you, its call I MAY DESTROY YOU!
It's a UK series on the BBC Iplayer but its all about these type of things.My opinion is kinda split. On one hand no one should ever take advantage of a girl who is passed out drunk because it's wrong on every level.
But on the other hand why was she alone? Was no one looking put for her? How did she get blackout drunk without a friend somewhere to help? Don't drink alone ladies, use the buddy system.It's rape if someone doesn't expressly consent to sex.
If she blacked out & was unable to consent (willingly or otherwise) that's not "asking for it."For the guys that voted yes, I hope they put the victim in their shoes.
I will tweaked the question a little.
"Is it rape if he gets knowingly passed-out drunk and was penetrated anally by another guy?"A woman deserves to get raped just because she's drunk? I don't get it. I thought anything you do without someone's consent is either an harassment/sexual harassment/rape.
Women should utilise an abundance of caution when accompanied by a vagina. Rape is NEVER justified no matter how many risky behaviors a woman partakes in.
Do you due diligence.
This isn't what the Minnesota Supreme Court thinks. The Court interprets the law. The problem is with the law itself. The Minnesota legislature needs to craft a better law.
www.twincities.com/.../Probably not, But I won’t do it, Unless your both drunk as hell and none of you really know what your doing then drunk people will make that mistake but if you have had 1 or 2 beers or shots and she’s had 9+ or whatever can get her passed out drunk. You shouldn’t do it. Give her a comfortable sport to sleep with off,
Of course it’s rape how can she consent while blackout whether self inflicted or not
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