I know this is a sensitive topic, but my college english class recently had a debate about this, and I realized that it is an important issue. People seem to use the term rape loosely. It can completely damage someone's reputation. In general, the guys in my class did not feel that it is rape when a girl consents to sexual activity when she is intoxicated. The girls seemed to feel it is rape when the girl is not in the proper state of mind to make a conscious decision. I was wondering what others thought about this.
When is it rape?
By maegs - Posted on March 11th, 2006















When the victim cannot make a conscious decision, such as intoxication.
When the victim says "no" or something similar.
If it is NOT consensual, it IS rape.
Several of the boys made the argument that it was the girl's decision to become intoxicated and therefore she has put herself at risk. So when she consents while intoxicated, it is still a consensus, according to them. I do not believe that the girl should be completely to blame in this case, but maybe I am mistaken. I will have to think some more about it and hear other opinions.
That's a load of crap, what the boys are saying.
Consensus is not transitive.
Consensus may not be transitive, but neither is judgement.
If her state at point A is such that her cognition and judgement is insufficient to determine her intent, then her statment of intent at point B, later, concerning point A is not to be trusted either. She is not possessed of perfect a posteriori knowledge of the situation at point A that she was simply unable to express (we aren't talking about someone having sex with you while you are passed out).
You cannot on the one hand say that what she says should not be trusted recently because she claimed to be drunk (and willing) at point A, and, on the other hand, say that what she says should be trusted presently because she claims to be sober now (and unwilling at point A).
This is an enormously sticky and far more complicated scenario than most people would like it to be. It is not fair to the woman involved to demand that she provide proof of intent and methodology at point A in order to be believed at point B, but neither is it fair to anyone else involved to reflexively assume that anything she says at point B is true concerning point A simply because you are uncomfortable with the idea that it is possible for a woman to lie about sexual assualt.
That is a tough thing to decide upon. The girl could be so intoxicated that she doesnt remmeber what she said and for all we know, the guy could be using that to his advantage.
i think it's rape when a girl is too intoxicated to make a decision. But, I also think sometimes girls can throw that term out there... when they make a bed decision or to get even with a guy, and this makes it bad for any girl who really is raped.
That is the problem exactly; you never know if someone might lie and say that she was drunk and she was raped.
I think it becomes rape when the women says 'NO', regardless of intoxication levels. Why charge the man with rape if she didn't say no (and went along with it)? The man might not have any idea that she's drunk or very intoxicated.
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If a society is willing to give freedom for temporary security, they deserve neither.
I would change this to "I think it become rape when ONE OF THE PARTICIPANTS says 'NO'... Lets not be sexist here, males get raped too.
Bones
Taking responsibility for your actions will enrich your life.
Let's also remove "says NO" and change it to "doesn't say YES." Rape means consent was not given, not that consent was denied.
I don't need drugs - I have genetics.
I'm not sure exactly what I think, but I think that if a girl willingly gets too drunk to think straight, then it isn't rape. I don't think the guy should take advantage of her, but it was her decision to become that intoxicated. If the guy drugged her drink or something, thugh, then I would consider it to be rape.
I heard that legally it's considered rape if you have sex drunk, regardless of whether you are male or female, and if you're both drunk, you've raped each other but neither can press charges.
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"The selection shows that manipulation is more important than genuine communication in this culture because honestly, who would want to go to a party for a bitch like Berkshire if they knew what she really thought about them?"
--This is how I ace the AP Lit Exam
"I heard that legally it's considered rape if you have sex drunk, regardless of whether you are male or female, and if you're both drunk, you've raped each other but neither can press charges."
Can you please provide a reference to the law or code that makes this a legal description that can be relied upon by a prosecutor? Sounds questionable to me. I have had sex with my wife when we have been a bit intoxicated many times. Were we raping each other? Should we now press charges or get a divorce because we raped each other those times when one was intoxicated and not the other?
Bones
Taking responsibility for your actions will enrich your life.
I feel so violated by me.
I do agree that there should be degrees of rape, like being "light-raped" if penetrated with an object or receiving cunnilingus unwillingly. Of course, for me, that's never a problem. I'll take cunnilingus whenever I can get it! Also, what if you decide midway through the rape that it's not so bad after all? There are circumstances that no one can understand but the two romantic souls in that dark alleyway embraced over a dumpster, things we should not dare to judge...