Is having sex with someone who is drunk rape?

Question

Is having sex with someone who is drunk rape?

3 Answers

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Answer 1

If the other person is totally drunk and one takes advantage of them in this state , it could be construed as a rape especially if drunk person was forced into it. This rape is hard to prove if the drunk person doesn't remember and cant remember if they refused or gave consent but I wouldn't want to go thru all the legal hassle here of proving my innocence as it could get very expensive and time consuming and once out, it will destroy anyones character

Answer 2

It really depends *how* drunk.

Too drunk to make an informed choice on whether to have sex or not? Then yes, that could be considered rape as you would have seen the girl was unaware of what was going on and so couldn't possibly have said yes.

This is a shady area of the law though, because it is difficult to prove what state of mind someone was in when they were drunk, especially if there are no witnesses..

So best avoid these situations all together, anyone that is drunk should be put in a taxi home with taxi fare, their keys, and hangover tablets in their pocket

Answer 3

Yes I would say.