Confused at the sentence handed for this "Rape"

[Jokester]

Yeah I know . But since they came to the conclusion that she was raped, both of them should be in jail surely?

I completely agree. The court must have accepted that she consented to the first guy, so she couldn't have been considered too drunk to consent, which opens a can of worms for the second guy and a likely route for appeal.

 

[Tefal]

You cannot consent if you are drunk, sex with a girl who is drunk is rape. People do not seem to understand this.

wait, i've had sex with my girlfriend when I'm too drunk to remember fully is she now a rapist?

 

[Robbo]

Legally, he's right. The law is very clear - if a girl is drunk she is incapable of giving consent. Of course if the guy is also drunk he ends up in prison.

It's far from that simple though, for example, define drunk?

 

[Skillmister]

You cannot consent if you are drunk, sex with a girl who is drunk is rape. People do not seem to understand this.

Why exactly is sex with a drunk guy not rape? At least wouldn't hold up in court like it would the other way round.

 

[Jokester]

It's far from that simple though, for example, define drunk?

That's for the courts/jury to decide.

 

[Raymond Lin]

The question is - What evidence put the case beyond reasonable doubt?

 

[nydryl]

I was of the impression the innocent man had consensual sex with here (yes she was drunk) but the guilty man then appeared in the room and had sex with her afterwards by which point she had pretty much passed out.

 

[Tefal]

Legally, he's right. The law is very clear - if a girl is drunk she is incapable of giving consent. Of course if the guy is also drunk he ends up in prison.

That's fundamentally incorrect. Look at R v Bree.

boom lawyered!

 

[philip2009]

** Quote removed **
More likely a self-loathing misandrist, there are plenty about.

 

[Robbo]

That's for the courts/jury to decide.

He said: "sex with a girl who is drunk is rape."

What he should have said is that it may be rape. The same could also apply to someone who isn't drunk.

So it's a sensationalist nonsense comment.

 

[Randomface74]

There's obvo evidence against one but not the other, people aren't as stupid as the BBC would have you believe.

 

[steve-h]

Why exactly is sex with a drunk guy not rape? At least wouldn't hold up in court like it would the other way round.

probably because males are the stronger gender who'll typically shag anything

 

[Moothead2]

I was of the impression the innocent man had consensual sex with here (yes she was drunk) but the guilty man then appeared in the room and had sex with her afterwards by which point she had pretty much passed out.

Could that really have been proven beyond a reasonable doubt though? Very much doubt it to be honest.

 

[hurfdurf]

More likely a self-loathing misandrist, there are plenty about.

Whichever sex you are, if you don't hate the patriarchy you are doing it wrong.

 

[Tefal]

probably because males are the stronger gender who'll typically shag anything

surely that means males are more vulnerable to manipulation when drunk?

 

[hurfdurf]

probably because males are the stronger gender who'll typically shag anything

Also, iirc, women cannot rape legally. A man having sex with a drunk man would also be rape though.

 

[steve-h]

surely that means males are more vulnerable to manipulation when drunk?

yeah but we love it.

 

[hurfdurf]

surely that means males are more vulnerable to manipulation when drunk?

In this thread rape apologists.

 

[Jay794]

Sentences that are handed out for rape are pointless, cut their tackle off then put them in prison

 

[Tummy]

Sentences that are handed out for rape are pointless, cut their tackle off then put them in prison

Oh look, another silly Jay794 post!