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- Xref: sparky soc.men:23219 talk.rape:3127
- Path: sparky!uunet!olivea!charnel!sifon!thunder.mcrcim.mcgill.edu!homer.cs.mcgill.ca!chuckies
- From: chuckies@cs.mcgill.ca (Charles J Savoie)
- Newsgroups: soc.men,talk.rape
- Subject: Re: Drunk Sex = Rape?
- Message-ID: <C1E7JF.I4L@cs.mcgill.ca>
- Date: 25 Jan 93 04:38:03 GMT
- References: <16B5EA76A.ALI00BAW@UNCCVM.UNCC.EDU> <C1BpFC.A35@cs.mcgill.ca> <1993Jan23.211814.19939@news.cs.indiana.edu>
- Sender: news@cs.mcgill.ca (Netnews Administrator)
- Organization: SOCS - McGill University, Montreal, Canada
- Lines: 148
-
-
- Attributions:
- -------------
- Charles
-
- > Amy
-
- >> Charles
-
- >>> ALI00BAW@UNCCVM.UNCC.EDU (on UNIX? Try setenv NAME 'Mr./Ms. X' sometime)
- :-)
-
- >>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?
-
- As I've said before, I agree totally with your position on this; if she
- is unconscious, she can't consent. If she is semi-conscious, but gives
- clear consent, then she can't yell rape later, IMO. This is what I meant
- by the above. Just as someone who is unconscious can't get into a car
- and drive, but if he/she is semi-conscious and does so, he/she is
- responsible.
-
- >>>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...
-
- Hehheh.... This made me laugh.
-
- >>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.
-
- Agreed 100%. But by "taking advantage of her state" I took it to mean
- that she was still conscious, but drunk, and had given consent. I'm
- sure this is what the other poster meant. See below.
-
- >
- >>>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.
-
- "The former" we were talking about wasn't about someone being unconscious!
- READ THIS AGAIN: :-)
-
- >>>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
- >> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^
- ^^^^^^^^^^^^^^^^^^^^
- Amy, read this carefully...
- The woman in question is not
- unconscious, she is *talking*
- and *giving consent*...
- This person says the man should
- be *charged with a crime* just
- because it "partly the gin talking".
- This is the reason for my outrage,
- as well as my (attempt at) analogy below.
-
- >>>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."
-
- Again, agreed... But this is not at all the situation that was described.
-
-
- >>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.
-
- :-) Well, perhaps it's not perfect, but I (humbly) think it makes some
- sense. Try it again in light of what I wrote above... Your kilometerage
- may vary.
-
- >>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.
-
- *sigh* No. This time, no. Again, read what was written carefully. If
- you have an alternate interpretation of the paragraph beginning with:
- "I am uncomfortable with letting...", please post it *including* the
- original statement...
-
- Also, perhaps my "How about if the man was drunk" line makes more sense
- now, too; i.e. would this person still think the man was taking advantage
- of the woman while she was drunk, if he himself were drunk... (I'm sure
- you wouldn't, but I was asking ALI00BAW@UNCCVM.UNCC.EDU.)
-
- >amy
-
- Charles
-
- --
-
- ,.. . . . . ,.. . . ... ,.. ,.. =====================================
- | |--| | | | |< | |- `-. Charles Savoie chuckies@cs.mcgill.ca
- `'' ' ' `''' `'' ' ` ''' `'' ''' =====================================
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