News Drunken sex = Rape?

Access Denied

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Hmm I'm not so sure Lady Stern has really and truly thought this through properly.

Now here's the disclaimer. I think all rapists should have their genitals slowly erased with a soldering iron. All rape claims should be treated seriously and investigated thoroughly. Victims of rape should feel comfortable coming forward to report the crime.

Now then, the point. Lady Stern has said this:

1:
Men must not be able to use the fact they were drunk as an excuse for any confusion over consent

2:
She insisted that regardless of how well couples knew each other, clear consent had to be obtained before sex and that a man could not assume that a woman had agreed.

She added: "I don't think there is any ambiguity. You can't have sex with someone who hasn't said yes and that is it. There is no grey area

My first point would be that sex is still a very private thing. Despite it being plastered all over ad campaigns, TV and Movies. Very few people are going to want to broadcast the fact that they're going to have sex. Therefore it will be very difficult for a man to prove that the woman has said yes. Say a woman, drunk or not says yes, they have sex and then something happens; they fall out, she regrets it or anything and she decides to cry rape. It's her word against the mans word that she said yes.

Also, since the man hasn't said yes does that mean she's guilty of raping him? If this is made law I can just see the amount of false rape claims being made out of spite, attention seeking etc and it'll be harder for the innocent to prove as such.

Finally, I firmly believe that if a man is accused of rape his identity should be protected until he is found guilty. Simply because of the effect it has on the lives of those innocent men who've been accused. How many times have we heard of a man being accused of rape and being threatened, spat at, beaten, had their property vandalised etc. Even after being cleared with the accuser admitting they made it all up.

Your views?
 

Imgormiel

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You are missing a couple of points here tbh. Rape is only established once and usually the victims are traumatised by the experience and obviously one of the partners said no. If they are both drunk, and then she cries rape then imo no. That's two consenting adults who made a mistake and then one of them regretted it and then used it to one advantage or another...

The other is, as it is now recognised that there are many types of rape and it's not just exclusive to women these days.

Bastards! Someone raped my hamster :(
 

Raven

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Well, not quite right. If someone isn't sober enough to say no then it is rape. Otherwise you could just go to any town centre on a Friday night and shag any old unconscious bint you feel like.
 

Imgormiel

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Well, not quite right. If someone isn't sober enough to say no then it is rape. Otherwise you could just go to any town centre on a Friday night and shag any old unconscious bint you feel like.

If there's no signs of force, then that's hard to prove. She'll lose. Especially if they were both drunk. But saying that, drunk sex is for those that have been together for a while. That's why they are able to get drunk together do and what they do. She got drunk and lead him on then that's another matter. She got got drunk and said no and he abused that = balls cut off. She got drunk he was sober and she said yes and then cried wolf, cut her tits off.

I wish this crime was cut and dry in a way that everyone understood the ground they were standing on, but as people get more evolved - I doubt this issue will be resolved in the near future.

I am not anti women but Jesus, there's so much play out there now from them and they twist and turn so much it would seem sometimes life would better spent in a white room alone and just being fed...

Play this straight that law gets straightened out, else, we got the status quo.
 

old.Tohtori

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Ok, hands up how many of you here have actually -asked- the following(or there variation of)?

"Do you agree me putting my weewee in your hoohoo?"

I think that makes a point :p But to clarify a bit;

Usually it's huggyhuggy, kissykissy, strippystrippy, suckyfucky.

Sober or not.

No bull, no asking, nothing.

(Upper statement may be a bit rough, but valid i believe)
 

Sparx

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i personally have been involved in a situation where i shagged a girl and she cried rape afterwards. Its horrible been branded a monster. there is no such thing as innocent until proven guilty.

Lucky for me this girl had a track record of claiming rape towards squaddies and there was plenty of CCTV proof it wasnt rape, like going back to the barrack etc. Oh and she was also only 15 but told me she was 17, luckily she admitted that so it was all ok
 

Sparx

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Ok, hands up how many of you here have actually -asked- the following(or there variation of)?

"Do you agree me putting my weewee in your hoohoo?"

I think that makes a point :p But to clarify a bit;

Usually it's huggyhuggy, kissykissy, strippystrippy, suckyfucky.

Sober or not.

No bull, no asking, nothing.

(Upper statement may be a bit rough, but valid i believe)

Spot on. Its all petty kissing then trying to read the other person as to how far you can go. Not "before we continue can yo sign here, here and here to say you acknowledge and allow the entry of my penis into your vagina, thank, you"
 

Huntingtons

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yes thats how its always been. I think we can all agree that the before mentioned bint is stupid.
Its not about consent its about non-consent. If she says at any point No and you do not stop its considered rape. if she removes your hand and you keep going its rape etc.
 

Zenith.UK

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I'm reminded of a joke I once heard...
It's not rape your honour. It's surprise sex!
Most people understand "implied consent" where you start snogging and then remove an item of the other person's clothing. If they let you take it off or even help you then consent has been given by implication. It hasn't been expressed asked for but both parties know what's going on.

It's like your doctor saying that they want to give you an injection. You roll up your sleeve and present your arm. That's implied consent, even though you've not said a word.
 

BloodOmen

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Hmm in that case I think i'm a rapist :eek: my wife and me generally do naughty things to each other while asleep :( wtb FH Rapist title.
 

old.user4556

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Hmm in that case I think i'm a rapist :eek: my wife and me generally do naughty things to each other while asleep :( wtb FH Rapist title.

Hah! So do I, nothing quite like waking up and wanting some 2am fumble.
 

soze

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i have a friend who has been on the wrong side of this. Took a drink girl home and shagged her twice. Wakes up the next morning and she is gone he's acting all smug when all of a sudden cops show up and arrest him. The girl was 17 and she went home and told mummy where she had been and her Mum called rape. I know he is a friend but after seeing how she was dancing and hearing what she was saying I'm 100% sure it is consensual but the cops are saying because of her age and the fact she was drunk my mate should have walked away. The CPS would not touch the case but know my mate is living with that above his head.

I do not think these drunken "mistakes" should be charged as rape as they are not in the same league as real rape at knife point ect. As has been said real rape can often be proved if the girl was not interested it will show.

Since what happened to my friend i took a girl home i was desperate to sleep with but she was really drunk so i spare roomed her. I was drunk too but not nearly as bad as her so i would have felt like i was taking advantage. I would much rather take my chance in the morning than make her feel like it was rape.

The only answer is to do what one of the American rappers do video camera in the bedroom and say "state your Name Age and if you want to have sex" better safe than sorry :)
 

Thorwyn

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On a related note:

Sex with your clone...
incest or masturbation?
 

Olgaline

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why would anyone want to have sex with someone who is too drunk to do anything,
and if your just as drunk, then why would you even want to have sex in the first place ?
afterall, sex is hard physical labor, why the hell would you want to do that while drunk ?
 

megadave

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why would anyone want to have sex with someone who is too drunk to do anything,
and if your just as drunk, then why would you even want to have sex in the first place ?
afterall, sex is hard physical labor, why the hell would you want to do that while drunk ?
Who says theyre too drunk to do anything? If anything drunk girls are more up for it.
 

Olgaline

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Who says theyre too drunk to do anything? If anything drunk girls are more up for it.


24ae1-Baby-Facepalm.jpg
 

Ezteq

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On a related note:

Sex with your clone...
incest or masturbation?

do you know I actually think about this a lot, but its not a clone its if I could time travel...

anyway *ah hem*

On another note, when I was like 18 I had drunk sex (consenting) and the bloke did something rather bloody horrible to me and I was too drunk to stop him (you'd of thought the screaming might have ended it but no...) anyway it was very nasty and I learned a big lesson, no matter how nice the bloke 'seems' don't get into the situation (i.e. don't drink so much) where you make yourself defenceless.

I could have cried rape but I survived, no perminant damage was done and I have to say although I did not deserve it (at all tbh) or ask for it (at all either tbh) or enjoy it (no fkn way tbh) I did put myself in the situation and no one forced drinks down my throat and I was old enough to know what bastards people are and that I shouldn't make myself vulnerable, so yes actually it was my own fault for putting myself in someone elses hands and thinking I'd be alright....I was lucky I didn't get deaded tbh so I was just grateful for that.
 

Killswitch

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Tricky one, isn't it? Even if the woman clearly says "yes" and can somehow be proven (via some kind of recording, perhaps) to say "yes", under this kind of thought it ALSO has to be proved that she was sober enough to be able to make a sensible decision and for that "yes" to be a thought-out and considered one.

I foresee the creation of some kind of student pack including the following;

1) Digital Memo Recorder
2) Breathalyzer
3) Legally-binding Consent Form

Random unrelated story:

I knew a guy at Uni who had the shock of his life when he found out a lass he'd been shagging was underage and had been lying to him. He was 18, she was 15 but said she was 17 or 18 I think. She looked older than him to be fair! He made up some forms with his name and some blank spaces, something like;

I ______________ hereby swear that I am above the age of consent in ____________ and have agreed to engage in consensual sex with Jimmy McNut.

Signed: _________________ Date: _______________

I remember he left a space for the name of the country in case he was on holiday or something. He even got a couple of lasses to fill the damn things in! He must have been hung like Red Rum, that lad!! I reckon if I'd have taken a lass home and produced a form like that, she'd have cut my balls off!!
 

old.Tohtori

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Ezteq, some guy put it up your pooper and you compare it to "near death"? :p

In any case, if it was worse and you didn't report it, congratulations, he did it to someone else.
 

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