re: Philosophical Q: When 2 drunks have sex, why are rape charges filed …?

If she was 15, that’s statutory rape. And since he was convicted, I’m assuming that it was for statutory rape. That’s the only possible charge from the scenario you described. You at no point said they were drinking or intoxicated.

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If she was 15, that’s statutory rape. And since he was convicted, I’m assuming that it was for statutory rape. That’s the only possible charge from the scenario you described. You at no point said they were drinking or intoxicated.

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No, I did not. Why are you discussing it. I am confused.

As to the second scenario, with the 15yo girl and a boy who is also a minor, the issue is agency ... though a DIFFERENT issue of agency than the first scenario, involving two drunks.

Two minors (like two drunks) means that NEITHER participant would have had the legal capacity for consent. Did the boy rape the girl, or did the girl rape the boy? Is the older participant automatically the perpetrator? Romeo/Juliet laws resolve MOST of this, but issues do remain. Interesting questions, but unrelated to the OP.

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When 2 drunks have sex, why are rape charges filed …?

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The plaintiff drives the equation.

After a coyote date, the guy finds himself waking up next to a fugly girl laying on his arm, and in an effort to slip out, he chews off his own arm rather than risk removing it and waking the fugly.

After a coyote date, the girl finds herself waking up next to a fugly guy, and she screams rape.

There is no meaningful consequence for a false accusation.

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When 2 drunks have sex, why are rape charges filed …?
The plaintiff drives the equation.

After a coyote date, the guy finds himself waking up next to a fugly girl laying on his arm, and in an effort to slip out, he chews off his own arm rather than risk removing it and waking the fugly.

After a coyote date, the girl finds herself waking up next to a fugly guy, and she screams rape. There is no meaningful consequence for a false accusation.

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By "plaintiff," I assume that you mean "complaining witness," since we are discussing a criminal charge.

I get your point, and it is humorous, but legally it just makes no sense. LEGALLY, if neither had capacity to consent, how can (s)he have had capacity to "violate" the other? If the standard for "consent" and "violate" is different (which may well be the case), did both drunks not have EXACTLY the same capacity to "violate?"

Because your op question was “why if two drunk people have sex, is the man getting charged with rape”. Then you went on to describe this set of circumstances that are totally unrelated to your original hypothetical question.

Also in your second scenario you did not note that the male was a minor under the age of consent as well.

Many of these males are far less intoxicated than the females. They go to bars and hunt for the drunk chicks. In fact, many help prime the pump with free drinks.

If one could prove both were at 0.319 BAC then you might have a case, but I’m suspecting at that level, it’s highly likely even a 17 year olds dick won’t work.

Because you confused the topic by inserting another scenario. In my original reply, I even stated that your second scenario had nothing to do with the first, and gave you some of my opinions on both scenarios. You chose to only respond to one set of comments.

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The data reflects wide sentencing disparities between males and females when they commit the same offense.

Before someone tries to explain why, in your well reasoned response , please also use the same reasoning process for racial disparities and let’s see how that flies.

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It has been a while since I looked at the data, but don't most of the racial disparities tend to dissipate, once the data is normed for prior criminal record, other pending cases and similar factors?

I don't think that you get the same result for sex/gender disparities in sentencing. In other words, I don't think that norming the data explains them.

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don't most of the racial disparities tend to dissipate, once the data is normed for prior criminal record, other pending cases and similar factors?

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Correct, from my layman's understanding of such matters. Recidivism tends to be the biggest factor in skewing racial comparisons.

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There is also the practice that I call "proxy prosecution."

Basically, you catch a guy that did something with a severity of a 7 and something with a severity of a 3. The prosecutor knows he will have trouble getting a conviction on the 7, so he prosecutes the 3 and seeks the maximum punishment for a 3. It is an efficient use of prosecutorial discretion, IMO.

Then that case gets compared to another perp who JUST engaged in the same 3, and he gets a plea deal on the 3 with a very light sentence. Again, prosecutorial discretion.

For whatever reason, you seem to see more minorities in the first category of defendant ... which skews the raw numbers.