If you are passed out and wake up having sex is it considered rape?

Last weekend I partied a little too hard in Mexico and woke up having sexual intercourse. I don't know who the man is, and I don't know whether or not I should file a charge, because I wasn't awake to give consent, but at the same time, I didn't say no. Anyone that would know about this from a legal stand point please let me know..

16 Answers

  • GeneL
    Lv 7
    1 decade ago
    Favorite Answer

    You were raped.

    The perpetrator can be prosecuted on a rape charge.

    If you don't know who the man is, how can you file a charge?

    What name will you give to the officer taking the report?

    The problem however, is you say it happened in Mexico.

    Is the perpetrator a Mexican citizen?

    Are you now in the U.S.?

    Where is he now?

    Too many unanswered questions to give you a definitive answer.

    Probably the best advice would be to consult a lawyer or your local Legal Aid Society.

  • 1 decade ago

    If you cannot give consent, it is rape. Really, the call is up to you - if it were a boyfriend or husband, you might feel differently about it but in this situation, that would constitute rape.

    Sorry this happened - I would recommend a rape crisis line as a starting point. They can help you with filing a report (if you decide to), point you toward counseling and recommend sources for medical care (to be sure there are no long-term health consequences, unwanted pregnancy, etc.)

    Again, sorry this happened. You partying too hard does not make this OK - even a little. What he did is immoral and illegal.

  • 1 decade ago

    A lot of times I pass out and wake up having sex, but it's usually my hand that's the perpetrator. I want to file charges, but I don't know the name of my hand. There's a communication problem since it uses some type of braille and the rest of me doesn't.

    My guess is that you were either drugged or you had a subconscious desire to live on the edge, since what you did is not unlike playing Russian Roulette.

    If you were drugged, then talk to some counselor who can help you figure out how not to get in this same trap again.

    If it was a subconscious desire, then you have a death wish and need counseling in the worst way.

    Also, keep a diary, so in the future you'll be able to look back and laugh; or maybe write an autobiography and make a lot of money to pay for the counseling.

    Source(s): Member of the National Counceling Union.
  • mike g
    Lv 5
    1 decade ago

    you were raped, but when you woke you didnt tell the person no and to get off of you. by not doing that this case would not get very far in the court process. the rapist would get a very minimum sentence. there are many defenses for rapists to use when the woman doesnt say no or get off. plus this was mexico where law enforcement is very corrupted so the guy could have just paid everyone and get off free.

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  • 1 decade ago

    I bet you'd have a hard time convincing a jury it was rape. Hell, he might say you initiated it since he was probably as drunk as you. Why do women think they can go out and get dicked then call it rape because they feel bad the next day about what they did? You aren't anymore innocent, or a victim than he is.

  • 1 decade ago

    Yes you were raped. The guy knew you were unconscious, and still took advantage of you. You didn't know each other, and how did you even get to the place you were when you woke up? If I were you I would press charges ASAP! Because what he did was wrong.

  • 1 decade ago

    The Washington post has a good article on rape laws in Mexico. http://www.washingtonpost.com/ac2/wp-dyn?pagename=...

    If this man was a mexican national depending upon where this crime took place the laws vary considerably. If the man is a US citizen then you could address this through the federal courts.

    This link offers information and support groups. http://travel.state.gov/travel/tips/emergencies/em...

    This link offers judicial assitance. http://travel.state.gov/law/info/judicial/judicial...

    You should report this at the very least. If he is a US citizen make his *** pay by dragging him through the criminal courts.

    Keep your chin up and get angry.

  • 1 decade ago

    u should be more careful next time ,and if this happen in Mexico i think i will be a waste of time to file a report . and why were u alone ,no friends when w/ u to Mexico to party.just go get test for any transmit disease ..and get on w/ your life and let it be a lesson..

  • Anonymous
    1 decade ago

    Make sure you get tested for HIV and HEP C... I"m not trying to be mean... but if what you said actually happened.. you should worry about contracting some type of STD... and YES it is rape... you did not consent.... to it....

    Source(s): Three years of Nursing School.... + Common Sense
  • 1 decade ago

    Couldnt give consent and couldnt decline, Id say you were raped.

    Id get ahold of authorities and not let it wait another day

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