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- Xref: sparky talk.rape:3103 soc.men:23109
- Newsgroups: talk.rape,soc.men
- Path: sparky!uunet!usc!sdd.hp.com!hpscit.sc.hp.com!hplextra!hplntx!albert
- From: albert@hpl.hp.com (Joseph Albert)
- Subject: Re: Drunk Sex = Rape?
- Sender: news@hplntx.hpl.hp.com (HPL News Posting Service)
- Message-ID: <C19wo7.BGw@hplntx.hpl.hp.com>
- Date: Fri, 22 Jan 1993 20:52:54 GMT
- References: <11786@sun13.scri.fsu.edu> <C186HJ.HEz@hplntx.hpl.hp.com> <16B5EA76A.ALI00BAW@UNCCVM.UNCC.EDU>
- Organization: Hewlett-Packard Laboratories -- Database Research Group
- Lines: 22
-
- 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. HOWEVER, the question
- >is, what about the one who has had perhaps one G&T more than is strictly
- >advisable?
- >
- >The man MAY be morally culpable for taking advantage of her state; is he,
- >however LEGALLY guilty of rape?
-
- the legal definition of forcible rape is quite clear. if the woman is too
- drunk to to be capable of expressing that she doesn't consent to the acts,
- then it is rape. if the woman was not too drunk to be able to express
- non-consent, but nonetheless she did not express any lack of consent, then
- it is not rape.
-
- in the justice system, the burden of proof is on the state prosecutors to
- demonstrate to a jury beyond reasonable doubt that the woman was too drunk
- to express non-consent.
-
- Joseph Albert
- albert@hplabs.hp.com
-