rape?

Question

If two people are drunk should it be considered rape? Even if neither remembers? What about regretting it the next day? Why do we say a woman isn't of sound mind to consent but the man is supposed to be of sound mind to consent and understand but since the woman can't understand either then why is she not held accountable too?

I'm not talking when someone is passed out or other obvious rape here.

Also why do we so quickly assume all accused are guilty? There have been girls who accuse a man cause they don't like him. Yes it's rare but if there's literally NO evidence he isn't guilty.

Answer

If you're both drunk and both consented then it's not rape

Answer

No. Both drunk both at fault. Just because someone regrets it doesn't mean they can fuck up another persons life

Answer

It's actually pretty rare for someone to be falsely accused of rape. 
But if both of them are drunk, then either it's not rape or they're both charged. It's easier and leans more towards the side of it's not rape they just had drunk sex

Answer

You can't be of sound mind while also drunk. First of all.

Second of all, rape is no place for blanket statements. My opinion on these situations is pretty case by case - all though I tend to always back up victims/survivors since the odds of them making shut up are near non existent compared to the odds of the alleged perpetrator being a rapist who will walk free.

Answer

For your first question : we dont say " a woman is" and a man isnt. The law applies both way. In the eyes of the law it is BOTH parties responsibility to make sure the other one give consent. But as there are historically more women who report being raped, the advertising and media messages are mostly directed to man.

For a case study like your example of two drunk or high people, it is in fact harder to claim if it is or not. If one of the two report rape, Judges would have to consider multiples factors like were they taking the drugs voluntarely, was there a "mens rea" and "actus reus" etc. Still, being high or drunk isnt a valid excuse or reason in court. If you hit someone with a car while being drunk, you're still guilty.
Finally, let's say your example is very complex. I think you'd be better with the answer of an attorney.

Answer

No they are both drunk. UNLESS he/she forces themself onto the other. That is still rape

Answer

If both are drunk then they raped each other, in the sense. Regret isn't rape period.

People assume it's always the male or fenales fault because people have been conditioned to think that way via stereotypes.

Answer

you cannot consent while drunk. but if both are drunk then it was just a really bad time for all involved. no charges can be laid because they were both equally drunk.

Answer

Consent. If you are unable to do so, it's rape. Just because you are drunk doesn't mean anything. It all boils down to consent. 
And I swear, if anyone says, "they shouldn't have gotten drunk" or "they asked for it by getting drunk" I'm going to explode.

rape?

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