If Both People are Drunk...?

Question

Is it still rape if both parties are drunk? Let's say for the sake of argument that they have the same super high BAC, so neither can consent. Is it rape if they have sex? Because if just the girl is super drunk, then it's rape even if she consented because she can't consent.

Curious about your thoughts

Accepted Answer

Legally, neither could press charges because it's looked at as a drunken mistake. I don't consider it rape unless it was premeditated to take advantage of someone.

Answer

Not rape, just a big, careless mistake on both parties

Answer

If one of them says no, and then is taken advantage of then yes. If both people consent to it, then it isn't rape.

Answer

I don't think I have ever heard of this happening because of whiskey dick.

Who is stating they were raped in this hypothetical situation, that would be the most important factor. If no one says there was a crime, I don't see an issue other than bad sex.

Answer

Well if she says no. And he forces himself upon her... how would you classify that?

Like the thing y'all need to understand is no two situations are the same, so vague generalizations aren't something that will ever cover every rape case.

Answer

I had a friend, who told me about someone she worked with.  He was getting charged with rape charges. He had been at a party he was drunk, she was drunk. They had sex. The next morning she couldn't remember any of it. She claimed he raped her. She called the cops & he even waited for the cops to show up. They ran his blood alcohol and hers. And his was higher then hers. But because she couldn't remember saying yes, he got charged with rape.

Those type of situations are so sketchy. And so hard to say what is right or wrong. I feel Iike as a women, if you're going to a party especially if you're going alone. You should watch how much you drink so you don't end up in those situations. I'm not saying women shouldn't be allowed to drink as much as a man. It's just a sad world we live in, and guys do take advantage of girls when they are drunk.

I truly believe that people who rape / molest/ murder people have something wrong with them like in the head. To think it's ok to rape someone or murder someone, something is not right in your brain. And I kinda feel like they should get mental help and elevaulated. I don't feel that jail time is always the best thing for them. That's not going to help them. Or maybe the should go to jail but still receive mental help. Some people may not understand what I'm saying. I guess I just feel like a normal person wouldn't do those things and to do those things you've got something wrong with you. And say someone gets sentenced 20 years maybe 10 years or 5 years idk, should be in mental institution, with no chance of getting out early and then transferred to jail. Idk, I'm sorry I kinda went off topic.

Answer

Not rape, neither were in their right mind if they're plastered.

Answer

I don't think so but that's just me 🤷🏻‍♀️

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I'm scared that someone will use this as a loophole. Like let's say I really wanna have sex with this guy but he shows no interest in me. If he's drunk enough, and I know I can get my way, I could just get wasted too so it wouldn't be considered rape. Even tho I KNOW he doesn't want to have sex with me, we were both drunk.

Answer

Not rape if they both consented. But, if one said no and the other still went ahead, I'd still consider that rape. Even drunk, I think most people are aware of no.

If Both People are Drunk...?

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