This Topic Comes Up Here A Lot, So I’m Going To Be (i Think) The First To Post The News Article…?
http://www.news.com.au/couriermail/story…
Your thoughts?
I guess this shows despite what some men here erroneously claim, judges are extremely reluctant to find people guilty of rape for engaging in drunken sex.
I also want to know who would continue, knowing the woman had passed out?! And why?
I think the dude was sexually repressed, if he needed it so bad that he would have…relations with someone who was unconscious…..thats just sad……I dont really think it was her fault, just fyi….she was SO gone that she passed out, i dont think she could really make a good decision…he wasn’t really at fault either, as TECHNICALLY she DID consent….but it’s annoying that he pretty much took advantage of her, and he needs to learn somehow that that is disgusting behaivior
Wow, that’s a really weird case. I think the judge is right by not convicting him of rape, this is a very good precedent. I’m not going to pass any judgment on the guy, but I’d like to think that I would stop when she passed out. I wouldn’t want to have sex with what amounts to a human blow-up doll.
I really disagree that she somehow withdrew consent by passing out though. She fell asleep during the sex act, she had already said yes and most likely would’ve continued. Consent has turned into a second by second active acknowledgment, and that strikes me as counter-intuitive. I suppose she woke up the next day sore, and didn’t remember what happened. I think the guy probably was wise to say she had passed out in the middle because he could’ve gotten in serious trouble if he failed a lie detector test, even though they are supposedly inadmissible as evidence.
Well, I do believe that those judges are making the right call.
If you get drunk, you are still responsible for your own actions, because you made the choice to get drunk. All decisions that follow are your own fault no matter how badly the drinking has impaired them, because you made the choice to impair them.
If she had agreed to have sex, and passed out during that sex, she was not raped. She had agreed to it, and would have continued agreeing to it until it had finished using any reasonable foresight. If she had passed out and then he had sex with her, yes, it would be rape because she had not given consent.
She is responsible for her own actions. If she thinks that she might do something she will regret if she gets drunk, she either does not get drunk or regrets it. Regretting sex does not make it rape.
Into more specifics, if he was also drunk, would she be raping him? Since drunkenness means you cannot consent, he didn’t consent to the sex with her. Therefore, she is raping him. But, you will say, he is cooperating, clearly he wants to have sex.
Exactly. Drunken consent is still consent.
If you get drunk, drive and kill someone, you are still responsible for those actions. If you get drunk and punch someone in the face, you are still responsible for making the choice to do so. If you get drunk and have sex with someone, you are still responsible for making that choice. Man or woman.
So either they both should be charged with rape, or neither should be.
As far as I am concerned, neither should be. It should simply be relegated to their past as a regretful experience.
I think it’s pretty wrong of him to do that, and he should maybe be fined and warned, but not put in prison since she did give consent initially. But if he REALISED she had passed out, it’s wrong to keep going and there are always certain things to consider – e.g. did he continue to ejaculation without condom? Because then his continuation may not have been consensual, and she could be at risk of pregnancy/STIs.
I don’t condone the man’s actions.
However, I don’t condone the woman’s actions, either. She gave consent and then passed out….
This case is not as simple as it sounds. What is “justice” in a case like this? This man’s actions were not ethical, but should he be held to the same letter of the law as a man who violently rapes a woman against her will?
I think not….
Let him walk.
Edit: Then again there is something very creepy about nailing a chick who is passed out.
Edit: If her pants were already already off, chances are she was going to hump him.
Too tough to call. You have to let him walk. If you can’t make the call, you can’t punish the guy. And frankly her behavior caused any consequences that came her way. Not to be insensitive, but she should have known better.
Well, that’s reassuring news. I think the idea of prosecuting someone for rape because the person they had sex with was too drunk to notice whta they were doing is absurd. I would assume that if a man is drunk enough himself, he won’t notice if the woman has passed out.
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