Troy
Lv 5
Troy asked in Politics & GovernmentLaw & Ethics · 1 month ago

If a man and a women are both intoxicated and have sex are they both guilty of rape since neither can give consent?

13 Answers

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  • Anonymous
    1 month ago

    I'm not real sure how it works now but once was a time to charge of rape required I repeat required penetration so while you're at the bar having your drink chit-chatting I suggest you stick your finger in each other's ear if you're even considering a rape charge there has to be penetration

  • Mike
    Lv 7
    1 month ago

    That would throw cold water on a lot of frat parties.

  • 1 month ago

    No, If a man is so intoxicated that he can't consent to sex, he is too intoxicated to have sex.

    Nice try.

  • Bruce
    Lv 7
    1 month ago

    Being intoxicated does NOT make it rape. It is only a factor if you are too incapacitated to consent.  

    If they agreed to have sex before they were incapacitated, it wouldn't be an issue at all. 

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  • Foofa
    Lv 7
    1 month ago

    In theory. Or they could both just chalk it up to taking personal responsibility for their actions and in that way no one would have to face a rape charge.

  • 1 month ago

    If they are both unconscious neither can give consent. Problem solved, dude.

    • Troy
      Lv 5
      1 month agoReport

      Since neither gave consent then are they guilty of an assault.

  • 1 month ago

    Yes, technically they are.

  • P
    Lv 7
    1 month ago

    That's technically true, however if the woman was intoxicated enough to lose consciousness the guy would be found solely guilty. Courts would still rely on witness testimony to tell if the woman was obviously more intoxicated than the man to give consent if the woman feels she was raped.  

  • 1 month ago

    Both of them can give consent. Being drunk doesn't matter unless just ONE of them is intoxicated.

  • Sam
    Lv 7
    1 month ago

    While that might be technically true, there is usually the lack of a complainant in that situation. .

    Edit: There are often regrets though, as a result of the 'beer goggle' effect

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