Follow-up: Would you consider THIS rape?

Consider the following scenario: A man and a woman meet at a party. Both have had too much to drink. People see them leave the party together, and see the woman give directions to the cab driver. The man wakes up the next morning, not knowing how he got home, but finding a strange set of panties next to his bed. A woman calls a couple of weeks later to tell him she is pregnant and that he is the father. HE cannot remember going home with her or consenting to sex, so he files a rape charge against her. She claims that he consented to sex and passed out afterward.

Is this rape? Why or why not?

Update:

By the way, this is a hypothetical situation. I wanted to see how the answers differed between this question (where the man is the one claiming rape) and the other question I asked (almsot identical, but the woman is claiming rape). The question is not about whether or not he would have to pay child support...

Update 2:

Billyboy, so you are saying if he was capable of physical arousal, it cannot be rape? So, if the situation were reversed, and it was a woman who was too drunk to remember giving consent, all the man would have to do to prove it was not rape would be to produce the sheets with vaginal secretions on them (thus proving she was aroused at the time)?

Update 3:

LAHockeyg, I never said he was passed out during sex. The scenario just indicates he was too drunk to remember even getting home, let alone agreeing to have sex with anyone.

21 Answers

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  • Mutt
    Lv 7
    1 decade ago
    Favorite Answer

    Very doubtful. It is very hard for a man to get an erection involuntarily. Besides, if he was that drunk, I think it would be hard for him to get an erection at all.

  • Holly
    Lv 7
    1 decade ago

    Depending on your laws you may be able to file rape charges, but proving them will be very difficult. Drinking to the point of blacking out is never a wise move for anyone. Its basically a he said she said...how is he going to prove he didnt consent? Its the same problem as when its a woman...if she isnt beat up or something...how is she going to prove she didnt say yes at the time? Very hard to litigate. Good luck though. If this is you and not a hypothetical question...may I recommend not drinking yourself stupid next time you are at a party.

    Edit: After reading your other question, Im glad to see that the answers are basically the same for both the man and the woman. Yeah us for not being sexist!

  • 1 decade ago

    No, it's not rape. Remember, you said BOTH had too much to drink, so could either one really give sober consent? If it is considered rape, then the two people were BOTH raped since both were drunk and unable to consent. There are consequences to becoming so intoxicated that you don't remember what happened! Watch the alcohol consumption next time.

  • 1 decade ago

    For it not to be remembered, Date rape drug was probably used and the woman had to be less intoxicated in any case to leave and go home. Look into this and was it planned? Was he stalked for money or genes? How would he be able to perform unless he was less intoxicated than 'passing out' ?

    He should have followed up immediately finding evidence. I still think he has a case for rape and needs to document consumption and find witnesses. Probably still responsible for child support even if he wins.

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  • 1 decade ago

    So much harder to prove now that the evidence has waited a couple weeks later and only after she called to say she was pregnant she reported it as soon as she woke up and did the rape kit and filed charges. How can you get aroused for her to rape you anyway? and finish too? Why didn't he report his findings when he woke up? Obviously something happened!!!!

  • 1 decade ago

    I think it would be physically impossible for a man to have sex and have an erection if he was passed out drunk so I doubt seriously a RAPE charge would be appropriate in this case.

  • 1 decade ago

    In my state the law relates:

    Rape in the first degree.

    (a) A person commits the crime of rape in the first degree if:

    (1) He or she engages in sexual intercourse with a member of the opposite sex by forcible compulsion; or

    (2) He or she engages in sexual intercourse with a member of the opposite sex who is incapable of consent by reason of being physically helpless or mentally incapacitated;

    If the parties have consumed excessive amounts of alcohol...they are considered "mentally incapacitated" and as such this would be a potential case in court for rape!

    Source(s): Police Officer +30 years
  • Lou
    Lv 6
    1 decade ago

    If she planned this to trick him then yes it is rape. Women are getting pretty sneaky when they want to get pregnant and trick a man into marriage or just to get child support from a guy with a good job. Men have got to watch out if at all possible.

    I know they let their testosterone get control of their brains but surely they can control that just a little.

  • 1 decade ago

    How can it be rape when you don't remember what you did. Sounds like you both screwed up. Tell her you want a DNA test ran to see if in deed you are the father. Depending on the outcome of that, you can take it from there.

  • 1 decade ago

    Alcohol induced stupidity does not rape make.

    What in the hell ever happened to a little thing called personal accountability? Do not place yourself in a situation (such as getting drunk to the point of blacking out!) where you cannot make a good judgment call!

  • Anonymous
    1 decade ago

    No, it is not rape. It isn't rape if the sexes are reversed, either.

    The only reason a woman wouldn't be held equally responsible is if women are lesser beings than men, and thus not our equals, and thus not entitled to equality.

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