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- Xref: sparky soc.men:23173 talk.rape:3114
- Newsgroups: soc.men,talk.rape
- Path: sparky!uunet!think.com!sdd.hp.com!news.cs.indiana.edu!alyoung@kiwi.ucs.indiana.edu
- From: "amy lynn young-leith" <alyoung@kiwi.ucs.indiana.edu>
- Subject: Re: Drunk Sex = Rape?
- Message-ID: <1993Jan23.211814.19939@news.cs.indiana.edu>
- Organization: Indiana University, Bloomington
- References: <C186HJ.HEz@hplntx.hpl.hp.com> <16B5EA76A.ALI00BAW@UNCCVM.UNCC.EDU> <C1BpFC.A35@cs.mcgill.ca>
- Date: Sat, 23 Jan 1993 21:18:10 -0500
- Lines: 93
-
- In article <C1BpFC.A35@cs.mcgill.ca> chuckies@cs.mcgill.ca (Charles J Savoie) writes:
- >In article <16B5EA76A.ALI00BAW@UNCCVM.UNCC.EDU> ALI00BAW@UNCCVM.UNCC.EDU writes:
- >>I don't think that anyone will argue that if a woman is falling-down-drunk
- >>or semiconscious she is still capable of giving consent.
- >I would. If she drank willingly, and gave clear consent, I would. Just like
- >she would be responsible for choosing to get into a car and drive.
-
- What if the woman is UNCONSCIOUS. I believe that the above
- "semiconscious or falling down drunk" is way too lose to even THINK of
- in a legal sense. Chuckies, what if the woman was *unconscious*.
- Then what?
-
- >>HOWEVER, the question
- >>is, what about the one who has had perhaps one G&T more than is strictly
- >>advisable?
- >Same as the man.
-
- Someone deleted too much and I can't remember, so I have no idea what
- the deal is above... =)
-
- >>In the
- >>abovedescribed state she goes to bed with someone. The next morning she
- >>wakes up, hung over, looks over to the other side of the bed, and says:
- >>"WHAT was I thinking of last night?"
-
- You were probably thinking you were horny and the guy was hot, but
- anyway...
-
- >Tough. As someone else mentioned, one is still responsible for their
- >actions while intoxicated, if the intoxication was willing.
-
- Most certainly.
-
- >>The man MAY be morally culpable for taking advantage of her state;
- >Perhaps he was drunk. Does this still apply to women?
-
- If a man is drunk, and this intoxication is willing, he is STILL
- responsible for acting within the law. "But I was drunk" is no more a
- defense for him than "I was drunk" should be the prosecution for the
- woman. If she did not give consent, or was in no condition to give
- legal consent (unconscious), and he was too drunk to pay attention to
- her, or didn't really stop to think what she meant, then that's HIS
- problem, for HE'S the one that's allowed himself to get into a state
- where he cannot act responsibly. It works both ways.
-
- >>is he,
- >>however LEGALLY guilty of rape? That would put him in the same catagory as
- >>someone who jumped the woman as she walked home, dragged her into the bushes,
- >>and. . . .To put the two in the same class would, I think, be
-
- I think the former should be rape, and the latter should be rape PLUS
- violent personal assult charges. Given that there are so many "types"
- and situations where rape occurs, I think we need to be a bit more
- clear in taking the crimes apart.
-
- unjust; however
- >>I am uncomfortable with letting the first man totally off the hook, because,
- >>after all, he probably was on some level aware that when the woman said 'yes'
- >>it was at least partly the gin talking. Is there some lesser charge, perhaps
- > ^^^^^^^^^^^^^^^^^^^^^^^^^^^^ so what??
- >>even a misdemenour (sp?), he could be had up on?
- >Do you think he should be LEGALLY guilty of anything? Why should he be
- >punished, what did he do wrong? If he was drunk himself, why is he more
- >guilty than she?
-
- I'm not sure just what we're talking about now, but if two people get
- drunk, end up sleeping together, and then wake up the next morning and
- go, "oh god, what did I do..." I think they should be held to their
- irresponsible behavior. A woman should not be able to use "I
- consented but I was drunk" as grounds for a rape charge, but nor
- should a man be able to say, "Hey, I was drunk, I'm not guilty because
- I was drunk."
-
- >If a woman has a bad day, and consents to sex as a result (perhaps to relieve
- >tension), would you be uncomfortable with "letting the man off the hook"
- >given that it was at least partly her frustration talking?
-
- Huh? This analogy sucks.
-
- >Amy, here is my example of someone who believes sleeping with a drunk
- >woman is grounds for being thrown in jail and getting a criminal record
- >(a misdemeanor is sufficient for this, is it not?).
-
- I think you're going a bit overboard here in characterizing what this
- person said.
-
- amy
- --
- alyoung@kiwi.indiana.edu Occupation: Lifetime Student
- *****************************************************************************
- *This post was made on personal time and has nothing to do whatsoever with *
- * the attitudes or opinions of Indiana University. *
- *****************************************************************************
-