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Rape / Sexual Abuse Message Board
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Old 08-17-2006, 08:26 PM   #21
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Re: rape?

In case you're still reading this, you've gotten a lot of opinions on what people think, but fortunately the courts follow the law, not opinions (and especially not uneducated ones).

There are clear statutory laws, and if you are under the legal age of consent and he is over it, then it is statutory rape. In most states the legal age is 16, so unless you are under that, or live in a state with a higher age of consent, statutory rape is not an issue.

As for consent, the key item that most people seem to forget is that a person has to be capable of giving consent, and when a person is drunk, it is the law's opinion that consent cannot be given (even if it in fact was). Or at least that's the premise, actual court cases usually end up as he said/she said anyway, but law (in most western countries) is that a drunk person cannot consent, period. It's a very interesting point of law that most people aren't familiar with.

As for the comparison between the victim's state of intoxication with the accused's state of intoxication - the two are completely different. One is active, one is passive. One person commits an act, one person has an act committed on him. The law treats each very differently.

And for the person who asked if it is up to the guy to know if the girl is drunk: yes, if you want to make sure you don't get charged with rape.

 
Old 08-18-2006, 11:33 PM   #22
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Re: rape?

Thisby could not have said it better!!!

 
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Old 08-20-2006, 09:01 PM   #23
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Re: rape?

I'd have to say if you feel that you have been raped you should be careful about blaming, rape is a very serious crime and if he was also intxicated it could easily ruin his life as well. Not to say at all that you shouldn't bring attention to it, if you know him it might be a nice thing to talk to him first to see what he thought of the event. I hope you find a workable solution to this, I'm at a loss of what to do if you don't know him.

 
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