Another raaaaaaaaaape!!!

[MTL]

This bolded is a very important point.

Legally, if two drunk people have sex with each other, they are, under some interpretations of the law, raping each other.  It is an enormous grey area, and I think it's relatively impossible to state an appropriate legal standard.

It's not the same if both people are drunk. I was under the impression that she was sober. If she was also drunk, that makes the whole thing too confusing to form an opinion on and I hope I won't be asked to serve on that jury.

This is indeed a grey area.  Alcohol confuses the clarity of what happened.

I addressed this in my post, #284,
but I'll repost my own comments here:

If a woman is too drunk to object to sex,
and a man has sex with her, anyways,
(regardless of whether he, himself, is sober, or drunk as well)
...that is rape.

However,

If I, as a woman, get drunk,
and initiate and consent to have sex with a man,

I'm NOT going to turn around and cry "Rape" the next day,
...If I can recall consenting to sex...
just because I regret my own stupid, drunken choices.

I will blame myself for getting drunk
and then making bad decisions as a result.[b]

I must be accountable for MY choices, too.
[/b]

so, to reiterate:

Even if he is drunk, too,
if i did not consent,
he is still guilty of rape...his being drunk does not excuse him.

And even if he is sober,
if I consented to sex (while I was drunk),
that does not make him a rapist,
even if I regret it the next day...

...It might make him a jerk who took advantage,
instead of an honourable gentleman,
but not a rapist.


What it would make me is an adult woman who decided to get drunk,
and then made poor decisions she must live with.

The grey area, and the problem with sex while drunk,
is this:

What if I actually DID consent,
but cannot recall consenting?

This is why I said:

It is not only DISHONORABLE for a man to take advantage of a drunken woman who has consented to sex,
but it is also STUPID:

He may be setting himself up to be accused of rape,
because he risks that she may not recall consenting.

The fact that she was drunk, and he was sober, will look bad against him.