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Can a drunk woman give consent?

(332 Posts)
merlotgran Wed 02-Sept-15 10:05:44

It's sad that we've come such a long way from the days when having sex was considered an act of love. It makes me shudder to think that any man would want to have sex with a woman who is so drunk and incapable she is not in control of her actions.

Young girls must be warned to take responsibility for their safety. Our age group was terrified of becoming pregnant because of the consequences so we looked out for ourselves. The pill took away that fear so gradually women began to lose their inhibitions.

I hate to say this because rape is a terrible crime but some women have only themselves to blame because the way they behave is their choice and they should consider their own safety before behaving recklessly.

rosesarered Wed 02-Sept-15 09:16:57

Although it does happen ' down dark alleys' with a stranger ( which is rape whichever way you look at it) I think most of these scenarios are young people who know each other, have been together most of the evening etc and then end up in bed/sofa together in a drunken state.

rosesarered Wed 02-Sept-15 09:14:03

Don't know what the answer in 'law' would be, if both were drunk, it could technically be rape if she didn't actually encourage him or say the word yes.
In this scenario, how you ever find the truth of it is beyond me.
Both people being drunk and hardly remembering anything about it seems to be one to put down to experience, and not to be repeated.

Marmark1 Wed 02-Sept-15 08:58:04

I agree with you Anya.
Obviously if a person is very drunk they're not going to be able to give consent.A good person would never take advantage of such a situation,but people,mainly young women,need to be aware.But then most are.I have great nieces and nephews,they and their friends are very switched on.

Lilygran Wed 02-Sept-15 08:31:02

If the man is so drunk/ doped that he doesn't realise the woman is too drunk/doped to know what's going on (and so can't give consent) I would have thought he wouldn't be able to carry out any sexual act. If he isn't so drunk, it's rape as it would be if she were asleep or unconscious for any other reason. The question when the woman was so drunk that she doesn't remember what happened but thinks she may have had a non-consensual sexual encounter is a nightmare all round. I agree, suzied we've discussed this without arriving at a conclusion. Should any allegation be regarded as proved without any other evidence? And is suggesting to a woman that she should avoid a dark walk home alone or avoid getting drunk in the company of people she doesn't know blaming the victim? And are universities that provide escorts or special buses to get women home safely from a night on the town also blaming the victim?

Anya Wed 02-Sept-15 08:17:38

People, men and women have to start accepting responsibility for their actions. When you start drinking and get yourself into such a state you can't get yourself home, stand up, say no, then you have contributed to any misfortune that befalls you. I'm not using the word 'blame' neccessarily, because any decent man (or woman) would not take advantage of someone in this state.

But not all people are 'decent' and there are those who prey on the stupid, the irresponsible and the unwary.

The question arises (!) of whether or not a man, so drunk to be incapable of sound judgement could be charged with rape? Could a man in such a state even perform?

Of course young people should be taught the dangers of alcohol, and I think they are all perfectly aware of this anyway.

Limiting their freedom? To get drunk and put themselves in danger? They know the dangers so they know the consequence, it's not as if there haven't been enough high profile cases lately.

suzied Wed 02-Sept-15 08:03:21

I was listening to a discussion on the radio yesterday and talked about it with friends with no conclusion, so I was wondering what you think. If a woman is so drunk she cannot recall anything , it is assumed she cannot give consent to sex and a man can be charged with rape. What if the man was drunk as well and assumed she had consented? Can there be one law for one and not for another? Obviously if it was a taxi driver or someone who took advantage I can understand this is rape, but what if she just seemingly willingly went off with some guy she has only just met in a nightclub and then later discovers she must have had sex and regrets it? Seems a bit of a minefield. Should we be warning young girls to watch what they drink/ wear etc on an evening out or is that just limiting their freedom?