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

quote:

---

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?"

---

Right. You'd know far more about the case law in these situations. In instances of equal incapacity, does the woman's incapacity in an otherwise consensual act constitute rape?

I know, in the infamous Athens Ohio "ATM rape," it didn't. But perhaps that's exception rather than norm?

Overall though, it the M-F disproportions stem from motivation to accuse. Morning-after regret or embarrassment drives many of these complaints. The woman attempts to regain "honor" by claiming she was unwilling from the outset. The ATM incident being a perfect example.

Again, for the regretful woman, there is virtually no cost and no consequence for a false charge. In your "2 drunks have sex" scenario, the guy would almost never be the criminal complainant.

We are equal under the law, but not physically equal.

IMO, that's what is the heart of the matter. As long as men are, by and large, bigger and stronger than women; we will bear the lion's share of the responsibility whenever it comes to physical interactions.

You can say that's not fair, but that's reality.

Aggie, if two drunk people are in a car wreck, the first one stopping their car at a stop sign and not moving, and the second slams into the back and the first one is killed, is there criminal liability for person two? Or not because person one was too drunk to move on, but guilty of no crime? If there is criminal liability - intent notwithstanding- would person two be guilty of Negligent Homicide regardless? I don’t know, but it seems to me that P2 would be prosecuted.

quote:

---

Similar story from my HS but after I graduated.

---

i worked as a network coordinator at a large ISD. A girl claimed that a young man raped her.

kid was immediately arrested. he claimed it was consensual.

security camera guy and i got asked to find and evaluate video. we got the kid's schedule and started following him around during the day. we found days and days of them holding hands walking through the halls and her pulling him in for very overzealous kissing and her putting her hands on his crotch.

we told the parents that nothing indicated anything forced. they couldn't believe it, so we showed them videos. afterwards they just stormed out and police dropped charges.

...

interesting caveat. rich white girl, young black man.

cameras saved his arse and i'm glad that we had the proof for him.

quote:

---

Kid was lucky. I assume that your state has a Romeo/Juliet law?

---

this was Texas around 2011. so not sure what stipulations were back then.

quote:

---

Society allows women to change their mind ad infinitum

---

What is a woman?

You aren’t incapacitated just because you’re drunk.

You can be drunk to the level of incapacitation.

DV just because it’s PhaggieSkank

We should go back to the Roman rules, where no means yes and yes means anal....

quote:

---

Against the male and not the female?

---

Spin-off: what if two dudes are having drunk sex with each other? Which one is the raper and which is the rapee?