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M asked in Politics & GovernmentLaw & Ethics · 9 years ago

If you're drunk, is it rape?

My friend recently had sex with a guy when she was drunk. She invited him out to a bar but they ended back up at her apartment. She doesn't remember what happened, and was pass out/black out drunk. She told me the next morning that she felt violated. She's been with him before, and is friends with him, I don't know what to tell her, was she raped?

Update:

They were both drunk, she said she was trying to fall asleep, but ended up hooking up with him.

If she was that drunk and he knew it, isn't that taking advantage of someone?

11 Answers

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  • Boots
    Lv 7
    9 years ago
    Favorite Answer

    No it's not rape.

    They were both drunk and had sex.

  • 9 years ago

    A drunk person is not legally capable of giving consent.

    Having sex with somebody without that person's consent is rape.

    This is pretty much a clear cut and many times proven case in courts.

    That is where all discussion ends. It does not matter even if she actually screamed across the neighbourhood "Do me ! Do me NOW!" If she was drunk, she cannot legally give consent no matter what she said.

    Moralizing about responsibility or arguing she shouldn't have got drunk, it's OK because he was drunk too or anything else is completely off the mark and irrelevant to the issue.

  • 9 years ago

    not if the guy is drunk

  • 9 years ago

    only he knows for sure, was she violated or she felt violated????????

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  • Anonymous
    9 years ago

    There are too many possibilities to know from your description. Was she coherent and consent but doesn't remember...Well, that's not rape, especially if he was drunk too. Sounds like they have history and wound up in bed again both drunk...That's not rape.

    But the most important thing is there is a giant inconsistancy in her story. How does she even know what they did if she doesn't remember? How does she even know that they did it?

    I don't buy her story and there is little to no chance it would even go to court.

    EDIT Was he that drunk too. Sounds very fishy at best. Why did she have a drunk guy that she'd been with before in her bed. Sounds to me that she was part of it and then later regretted it. And which was it? Did she try to fall asleep and hook up instead? Or does she not remember and then how does she know what happened.

    It sounds like she's lying to me.

  • Anonymous
    9 years ago

    In my opinion, it isn't rape; its more like irresponsibility. First of all, its her fault for not drinking reponsibly and getting drunk. Second of all, she invited him to her apartment, which most of the time ends up with sex. So its not rape, but if she feels like it is, its her fault.

  • Anonymous
    9 years ago

    If she passed out it was rape, she wasn't able to give consent.

  • 9 years ago

    Doubtful

  • 9 years ago

    yep it is called date rape, date rape is if the situation you describe. you know them you are friend's with them or you just met and went on a date. yep it is rape. He could have slipped her something in her drink also. (date rape pill)

  • 9 years ago

    According to the law, yes. She was under the influence of drugs and or alcohol

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