Rapists Targeting Drunk Women...not rape?

[disneychrista]

https://www.yahoo.com/news/rapists-target-drunk-women-cannot-114902887.html


WHAT?? I'm sorry this just kind of blows my mind. It would make more sense (but would still be wrong) to say a drunk man who rapes a woman can not be charged with rape.

 

[mjkacmom]

In my state, if you are intoxicated you can’t consent.

 

[disneychrista]

In my state, if you are intoxicated you can’t consent.

Which makes sense.

 

[starry_solo]

Which makes sense.

But apparently not in NY

 

[NYCgrrl]

Here's hoping the loophole is closed as soon as possible!.

 

[kaytieeldr]

In my state, if you are intoxicated you can’t consent.

your state and, from what I get from the article, only nine others?

 

[luvsJack]

Just looked it up for this state. It says that a person cannot consent if they are intoxicated. Doesn’t mention voluntary vs involuntary.

 

[disneychrista]

It’s shouldn’t matter if the person is voluntarily intoxicated or not. That’s like saying a woman in a low cut top or short skirt is asking for it.

 

[luvsJack]

It’s shouldn’t matter if the person is voluntarily intoxicated or not. That’s like saying a woman in a low cut top or short skirt is asking for it.

I agree. Intoxicated is intoxicated and it shouldn’t matter. Besides whose to say that the person wasn’t drinking heavily AND something was slipped in their drink? I am sure it happens.

 

[mom2rb]

I can’t respond to this without getting in trouble for the language that is needed to convey my feelings.

 

[mummabear]

It’s shouldn’t matter if the person is voluntarily intoxicated or not. That’s like saying a woman in a low cut top or short skirt is asking for it.

I think does in some way.
Obviously it doesnt matter how drunk someone gets, they should never be raped.
But there is a big difference between you getting yourself so drunk that you make a choice you regret, and someone incapacitating you and then taking advantage.
In the first instance the other party may not know you are not in a state to provide consent, and they themselves may also not be in a state to be providing consent, where as in the second they know and made it happen.

 

[disneychrista]

But there is a big difference between you getting yourself so drunk that you make a choice you regret, and someone incapacitating you and then taking advantage.

I agree there is a difference between making a bad choice because you were drunk/drinking and being raped. The difference being choice.

 

[tinkerbellandeeyor]

To the poster that pointed out that wearing a miniskirt is not a permission slip for men to rape you i totally agree I wear short shorts to the gym even doing that by the time i leave i am soaked in sweat so not wanting to get overheated is not me giving men permission to rape me

 

[ronandannette]

I agree there is a difference between making a bad choice because you were drunk/drinking and being raped. The difference being choice.

Isn’t the whole question whether or not a drunk woman is competent to make choices? I think unfortunately this is a very muddy issue because the idea of intoxication = lack of capacity can cut both ways.

The flip side of this disgusting coin is the perpetrator being incapacitated by alcohol or drugs as a defence. In this jurisdiction that defence is used often in sentencing hearings to try and mitigate punishment for all sorts of crimes. To me, getting yourself tanked to the point you can’t keep from robbing, raping, maiming or killing people should be an aggravating factor, not mitigating. It just intuitively seems wrong to apply that same principal to a victim though, even if voluntary intoxication put them at risk.

 

[usnuzuloose]

This sounds so wrong, did you see the college kids got 20 yrs for raping a girl while intoxicated. It was the Vanderbilt case. You can read online

 

[disneychrista]

Isn’t the whole question whether or not a drunk woman is competent to make choices?

I think there are varying degrees of drunk. Ive been drunk and made a choice sober me wouldn’t have made. But I still made the decision. If one is so drunk they need help walking etc then they may not be able to make choices for themselves.

To me, getting yourself tanked to the point you can’t keep from robbing, raping, maiming or killing people should be an aggravating factor, not mitigating.

I totally agree. I was drunk is an excuse not a reason.

 

[mummabear]

Isn’t the whole question whether or not a drunk woman is competent to make choices? I think unfortunately this is a very muddy issue because the idea of intoxication = lack of capacity can cut both ways.

The flip side of this disgusting coin is the perpetrator being incapacitated by alcohol or drugs as a defence. In this jurisdiction that defence is used often in sentencing hearings to try and mitigate punishment for all sorts of crimes. To me, getting yourself tanked to the point you can’t keep from robbing, raping, maiming or killing people should be an aggravating factor, not mitigating. It just intuitively seems wrong to apply that same principal to a victim though, even if voluntary intoxication put them at risk.

Doesnt matter how drunk you are you should know not to rape someone (at least in the traditional sense of her saying no or being completely unconscious). The issue with "drunk girls cant consent" is that we cannot be allowing people to be retroactively withdrawing consent.

And I agree that the lack of capacity argument runs both ways. It is very difficult to word a law to cover the varying situations.

For example One person playing another with alcohol=rape, one person clearly very drunk and the other not=rape, 2 drunk people hook up however is another story.

 

[low-key]

come on people, putting alcohol in someone, is most of us only chance of becoming a 10

 

[Kathryn Merteuil]

Very sad. Hopefully they will close this loophole.

 

[cabanafrau]

come on people, putting alcohol in someone, is most of us only chance of becoming a 10

You're a dad. Apply your comment to put the alcohol in your child and think about whether or not you like the way that scenario plays out.