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223 Comments
- LogicBomB, on 10/12/2007, -4/+314How is this not common sense? To say otherwise would be to say that she can initiate it, jump on you, have sex, then declair rape because she wasn't of sound mind...
- aliengoods, on 10/12/2007, -4/+278I don't know about a plan, but I fully agree with the judge. Legally drunk is a BAC of .08. I've known quite a few women who could have that BAC and I wouldn't even know they'd had a drink.
Also, what happens when both parties are drunk? Do they rape eachother? How about if just the man is drunk? If that's the case, I had couple of women rape the ***** out of me back in college. And I loved every minute of it.
@logicbomb
Men have been thrown in jail for exactly that reason. Even if they only give you probation, you still have to register as a sex offender for the rest of your life. - ringo380, on 10/12/2007, -3/+181@aliengoods
That's unsettling. They should separate sex offender status classes for certain types, such as pedophiles (maybe they already do? I don't know, but it doesn't seem like anyone cares). I constantly see these reports on the local news, "PERV-WATCH: A SEX OFFENDER COULD BE LIVING NEXT TO YOU" calling out offenders in certain neighborhoods, and complaining about them living in a 10 square mile radius of playgrounds or children.
That has to suck for a guy who just got drunk and had consensual sex one day with a girl who happened to be vengeful enough to take it to court when she woke up in the morning and regretted it. Now he gets lumped together with the guy who rapes children. I doubt anyone in his area would bother to check into any more detail after they see the words "sex offender" next to his name. - subliminalurge, on 10/12/2007, -2/+164About time we had a story about a judge with some common sense.
Yes, alcohol has a major affect on your judgment, but you know that going in.
If I go out and drink 24 beers, jump in my car, and plow over a 6 year old kid, I'm responsible for my actions. I can't go to court and say "Gee, your honor, the alcohol affected my judgment, I can't be held responsible".
By the same token, a drunk woman who makes a bad choice about who to sleep with is still 100% responsible for that choice. If we, as a society, are going to let her call it rape because her judgment was impaired, then we need to wipe all of the drunk drivers records clean. After all, their judgment was impaired, too.
You can't have it both ways. - davdev, on 10/12/2007, -1/+159@ringo380
In certain cases you can be made to register as a sex offender if you got caught Peeing in public. Absurd, but true - orientis, on 10/12/2007, -3/+139True story: Once I was at a bar with friends. I noticed a very cute girl sitting with friends. I was tipsy and fairly deprived of female contact generally at the time, so I mustered up confidence and went to talk to her. (Breaking into a group of girls to talk to one girl is nigh on impossible, from a coward's perspective, which is mine most of the time). Anyway, they were friendly and they kept buying drinks. Long story short, I was essentially tricked into going home with a, shall we say, 'not attractive' friend of hers. When I woke up the next morning I couldn't remember a thing from the bar to home, but I knew I'd had sex (you always know) and the girl was still there. I was fairly shocked.
Could I claim I was raped? I seriously doubt a court would validate that claim.
The judge is right. Sometimes you make bad calls when you're drunk. Women do it, men do it. - airencracken, on 10/12/2007, -16/+148Problem: Getting drunk allows rape to happen
Solution: Don't get so ***** drunk.
Idiots. - CarolynMittens, on 10/12/2007, -0/+130I actually agree with this judge as well. I know that, for me, alcohol DRASTICALLY alters my judgment, therefore I never drink around people I don't trust, ie people who may take advantage of my promiscuous drunken condition. I thought that was common sense.
- thegreeneyedkri, on 10/12/2007, -3/+122"She said her next memory was waking up to find Mr Bree having sex with her." If at that point, she had said no, then he would have had to stop and if he had not done so it would have rightly constituted rape. But since she didn't say anything or do anything to express that she did not in fact want to have sex, then it is not rape. Just because you regret having sex with someone doesn't make it rape.
- EVogel, on 10/12/2007, -5/+106@mdnash
i should rape you with my fists of fury for stealing my icon - Winters, on 10/12/2007, -3/+85When I went to college orientation, one of the presentations was about safe sex and all that stuff. They told us, straight up, if a woman decides after the fact that she didn't really want to, you CAN be charged and convinced of rape. They told us several stories about how students had consensual sex, and then one party changed their mind and filed rape charges against the other. They made sure it was very clear that even if it was consensual at the time, you can still be charged after the fact.
The speaker was not acting like an alarmist, more like someone who just wanted to warn people about these legal dangers. Although I'm sure it was partially FUD, it's still scary. - minorthreat, on 10/12/2007, -6/+77"I guess thats why girls bring ***** blocking friends with them when they get plastered"
lol - inactive, on 10/12/2007, -1/+72"Just because you regret having sex with someone doesn't make it rape."
Best ***** quote of the day. - davidjunit, on 10/12/2007, -2/+63Sounds like a woman got hammered and woke up with a nasty man. Where the guy usually just makes an escape, I guess the woman considers it rape.
- orientis, on 10/12/2007, -2/+57No they are not. They are saying that you cannot assume that a woman making a bad call about sex, while drunk, is the same thing as a woman being raped. It is a measure of personal responsibility and how that can be ascertained, not a measure of veracity of proof.
- bigjoeportagee, on 10/12/2007, -2/+56"However, where the complainant has voluntarily consumed even substantial quantities of alcohol, but nevertheless remains capable of choosing whether or not to have intercourse, and in drink agrees to do so, this would not be rape." The judge said it would not be right to lay down rules - "some kind of grid system" - that say a woman who has reached a set level of drunkenness is incapable of consent."
There is no way to judge, I have not remembered having sex before because I was so drunk, this does not mean that I was raped, how the hell do you prove if I was to drunk to give consent? There has to be some sort of precedent set when considering individuals who are mentally handicapped, if I can be too drunk to give consent what does that mean for their sexual rights?
Its a very ***** posistion to be in if you were a girl, I guess thats why girls bring ***** blocking friends with them when they get plastered,
- zclip, on 10/12/2007, -1/+50It's ridiculous what they hand out sex offender status for. This happened a few years back on a float trip. This guy got up in the canoe and took a piss turning away from people. A ranger saw him and gave him a ticket for indecent exposure. So far so go. Had there been a family around with a child under the age of 13 it would have been considered exposing himself to a minor and he would become a registered sex offender.
F'ed up if you ask me. The guy just had a few too many and peed in the water slightly more visible than everyone else on that float trip. - frodsteamin2, on 10/12/2007, -5/+51this judge needs to be given a raise and a high five
- fotbr, on 10/12/2007, -0/+45some people call scratches, bite marks, and light bruises foreplay
- Satanael, on 10/12/2007, -1/+43Agreed. I believe women should have just as many rights as men, but they don't need to be pampered by the law. It's too easy for a guy and a girl to toss back a couple drinks and have CONSENTING sex, then the girl to decide the next day that maybe she wasn't really attracted to the guy, or perhaps she had cheated on her boyfriend and the said boyfriend found out. Solution? Just ruin the guy's life by claiming rape!
Sometimes rape is rape, sometimes it isn't. But this really is one of those situations where it is possible to be avoided.
/rant - 1KrazyKorean, on 10/12/2007, -6/+48Men and Woman, simple solution. "Just don't get yourself in that situation"
- catalysis, on 10/12/2007, -1/+42Ah, the bait & switch. Almost fell for that one last weekend but came to my senses at the last minute. I would have felt so violated the next day, but it still would have been my fault.
- inactive, on 10/12/2007, -2/+38This has been such a problem in the last several years -- and it gets worse.
I attended a University with a Nationally known football program and was also the #2 party school in the nation. With that being said, the number of rapes that were reported were alarming. But that's not what I found soo sad.
My friends and I would goto the bars on a friday night and on the way down you'd just hear women say 'I can't wait to get destroyed off of tequilla and sleep with some random guy.' Now, if she's drunk -- legally she can't consent [according to prior viewings on the law]. However, from the sound of this convo she wanted to get raped.
Quite a shame.... - sysoprock, on 10/12/2007, -2/+33Frat boys nationwide rejoice!
- drmangrum, on 10/12/2007, -0/+29I remember this being brought up a few months ago.
To pass a law saying that having sex with drunk women is the same as claiming women aren't able to make their own decisions. Despite what some people like to think, woman do initiate sex. If a law like this got passed, then another that says children conceived while the man is drunk are not his responsibility, after all, he wasn't in full control of his actions. - tdogg241, on 10/12/2007, -5/+34ringo380: This is totally nitpicking and completely off-topic, but a radius is a measurement of length, not area. It would be acceptable to say either "10 square miles" or "10 mile radius," but not "10 square mile radius."
- gardnmi, on 10/12/2007, -3/+31If your going to invite a man into your bed or go to his place what do you expect...a game of yahtzee?
- 1337Einstein, on 10/12/2007, -1/+29No, it's legal to have sex with drunk people, this means that simple drunkenness does not constitute non-consent.
- DreKor, on 10/12/2007, -4/+32and be moved to the US
- fcekuahd, on 10/12/2007, -2/+30Can a guy claim rape if he was drunk? I've definitely woken up a few times with chicks that I wouldn't have gone home with if I was sober.
But seriously, I don't think it should be called rape if the girl is still awake and reasonably coherent. But any guy who screw a girl who's really plastered is a complete scumbag and needs to get his ass kicked. - asancho, on 10/12/2007, -7/+34Brain: Ugh, I can't beileve you're serving a three year sentance, it seems so harsh.
Lois: Well, the only upside is that it's given me time to think about why I ended up in here. I guess I was stealin' because I was so sick of the same old routine. I felt like I had a void in my life, like, like, there was a secret hole in me...
Quagmire: Oh God!
Lois:...and I was tryin' to fill that hole with all kinds of expensive objects, and things...
Quagmire: Oh God!!!
Lois: ...and I felt wonderful with all those things fillin' that hole.
Quagmire: Oh God!!!!!!
Lois: I did this to myself, so I'm just gonna have to lay back and let the penal system teach me a lesson.
Quagmire: That one is also sexual. - inactive, on 10/12/2007, -0/+26According to my lesbian high school family life teacher:
"It's rape if the woman doesn't enjoy it" - Ramble, on 10/12/2007, -1/+27jerigo your analogy is false, it's more like driving slower to stop accidents (which, obviously, works). he never said stop drinking, he just said don't get so ***** drunk that you'll have sex and claim rape.
- DreKor, on 10/12/2007, -6/+31hey, just because we get drunk and girls take advantage of us is no reason for you to make fun
- BevansDesign, on 10/12/2007, -1/+26You're suggesting that people be responsible for their own actions? BLASPHEMY!
Seriously though, "don't get so ***** drunk" can solve all sorts of problems. It also extends to vehicle safety, personal health, social situations...
It's called "moderation" folks. Learn it. Despite the prevailing attitudes, you ARE responsible for what you do when drunk. That includes misreading the "signs" when hooking up with someone, and that includes putting out when you normally wouldn't. - Wonkanobi, on 10/12/2007, -1/+24Anyone wearing that outfit should not be allowed to make serious decisions.
- noisuf, on 10/12/2007, -2/+24@JesperL: i think you missed the point
- Phrag, on 10/12/2007, -0/+22She doesn't remember giving or not giving consent. The only one who remembers is the guy who said she did give consent. Her next memory is them having sex and she did not ask him to stop or resist so he didn't know she didn't want to have sex. This is definetly a messed up situation but, guys are not mind readers. If you are drunk and seem to consent to sex (she did bring him back to her room) and do not voice that you are not consenting before or when you are having sex, then how is your partner supposed to know that you are not consenting.
On a side note, everyone I have sex with from now on has to sign a consent form and give at least two photo IDs. - noahhoward, on 10/12/2007, -11/+3210 Squre mile radius is a sphere... they want to warn the kids on the planes too.... and satan.
- Woofcat, on 10/12/2007, -1/+22Because there was no force. She was hammered and wanted to have sex, Then once sobered up said holy ***** i ***** that dude!?
cue rape charges. - SpikeOKC, on 10/12/2007, -3/+24Lots of people get drunk and for better or worse have sex. Maybe if a woman gets drunk and has sex with a man, then the guy should sue, because it wasn't good sex.
- azbmr, on 10/12/2007, -1/+21The creative spelling of Brian threw me off when I first started reading...
- DreKor, on 10/12/2007, -4/+21actually, i believe this ruling is questioning whether or not your first statement is true.
At what point does consensual sex become rape if alcohol is involved? Can you give me a specific BAC? What if the girl insists that she's sober and still wants to get on you? Do you make it a hard and fast rule that if someone has a BAC of .24 or higher it's rape? What about the people who actually are consenting at that point?
You see, this is a very difficult question. When I was in school I asked this same thing at orientation and the speaker for the presentation looked at me like I was evil incarnate. - CarbonEclectic, on 10/12/2007, -1/+18Even if it's naked drunk yahtzee?
- uttles, on 10/12/2007, -2/+18Some equality we have in this country. If women wanted real equality, they'd drop the whole drunk clause all together. With freedom comes responsibility, so if you don't want to have sex with your date, don't put yourself in a state of mind that will change your actions.
- GMorgan, on 10/12/2007, -4/+20You're talking about Britain. The home land of the binge drinker. This is akin to saying people aren't allowed to have sex, ever.
It's a bollocks way of trying to divert responsibility. NL are using emotive terms to pass their authoritarian rubbish on people again. The girl is always responsible for her state of mind when she *chooses* to drink. Just being drunk does not make sex rape. Giving consent just requires a yes, not a breathalyser.
How far will this 'I have no responsibility because I was drunk' thing go. I may have killed him but I was drunk so hence have no responsibility. - unknownunknowns, on 10/12/2007, -0/+15@DryvBy
Exactly. Alcohol doesn't magically turn prudes into sluts. It may loosen people up, but the spectrum of sexual enthusiasm that exists while everyone is sober is still in tact. - maggiemerc, on 10/12/2007, -1/+15Girl in my sorority slept with a fugly guy. Next day she reported it as rape...even though they were both too drunk to know what they were doing. He got kicked out of his frat and put on social probation.
A year later she was entirely sober and took a boy home. He was really drunk and did not want to sleep with her....but they did it anyways. Sad thing is he never reported it. Although when the sorority got wind she got in trouble from that angle. (Man I despise her.)
In both situations they lacked the ***** blocker (or ***** blocker).
If you're going out and getting drunk for the love of Pete BRING A FRIEND. If they both had a friend with them it could have prevented it...it also would mean that neither could really cry rape the next morning what with witnesses around.
I'd rather have an over protective friend then wake up next to a guy who's 5'2" and sleeps in Gundam sheets.
And for the record...being a girl, if me and the guy are both so plastered we can barely recall the night it's probably best to just take the walk of shame instead of reporting rape. The girls who do the regretto rape are almost always social pariahs (frequently for that reason). If you see a hot girl all by herself at a club or party there is probably a reason....and it isn't good. Steer clear. - Sithlrd, on 10/12/2007, -4/+18And a beer
- nailz420, on 10/12/2007, -6/+20@airencracken:
problem: not wearing a burqa allows rape to happen
solution: wear a burqa! -
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