A woman meets a man at a bar while being intoxicate. She and he go to his car to have sex. After having vaginal and anal sex, the woman’s friend reports to the police that hers friend has been raped because hers friend did not give legal consent to the sex because she is under the influence of alcohol and/or drugs. The women who had sex with the man tell the police that she regrets hers decision to have sex with the man.


The man told the police that the women gave verbal and physical consent when she verbally consents to engage in sex in the bar, and she physically consents when she did not resist the sex in the car. Nevertheless, the man was then arrested and jailed, awaiting his trial.
His life has been turned upside down because of his incarceration. His employer has fired him from his job; his wife has file for divorce; and his children had been told that their father is a sex offender.


Alcohol makes you act much differently than you do when you're sober, making decisions that you're not going to be proud of in the near future. If a woman says no during sex, but said yes before sex., when does no means no? if she says yes before sex, then tries to change the story because she's ashamed. Is it is a crime, too. Should a man in this situation be jailed because of no affirmative defense against these statues: for example,

· A woman cannot give sexual consent while intoxicated on drugs or on alcohol. Therefore, a man having sexual intercourse with her in any of these conditions is liable for statutory rape.
· The man admitted that he had virginal and anal intercourse with the woman, consenting to one kind of sexual activity does not mean the woman consent to any other sexual activity.
· The man told the police that he was intoxicated, too. However, when two people are intoxicated, it does not mean that either the man or the woman consented to sex.
If you were the man’s attorney, what would be the man’s legal defense in court? Should he be jailed for rape? What would you do if you were the man?

 

Statutory rape is something completely different to what you're describing - SR in a nutshell is when an adult has sex with someone below the age of consent. Doesn't matter if the younger partner was a willing participant - legally, they are unable to give consent so, technically, their feelings don't come in to it.

What you're describing is a massive grey area. Again, legally, if someone is so inebriated that they cannot, in a sound state of mind, consent to sex, then continuing the act is technically rape. This applies to both genders. Realistically, though, it's a moral and ethical minefield when both parties are drunk and there's a "change of mind" factor the next day.

If a sober person is deliberately targetting people who are so out of it that they don't know what they're doing, and justifying it with "Well, he/she never came right out and said no", well, that's rape and nothing else in my book.

 

As a lawyer i would find evidence that it all happened with consent of the " victim " from tge time she decided to leave to the time she said no, at the point where the woman says no or shows any type of rejection thats when it becomes rape if he doesnt stop, the
If i was the defendant i would find me the best lawyer i can.
as the lawyer i would question her pasy and how many drinks did she have to "base " her ability to judge, for example, how many drinks till she has no control about her dicisions or if she had any drugs that day or past drug use etc. All that could yave affected her dicision or whether saying lers fuck or no go, also, did she agree to go with him to fuck or she just went with him not knowing, look up at the elwments for statutory rape and try to put in question the victim's credibility, find that gap
NOW MAY I ASK WHY ARE YOU ASKING THIS QUESTION?

 

Theres a movie called The lincoln lawyer, look it up

 

Unfortunately we live in a time where "plying her" with a few drinks to get her "in the mood" is all gone and it's a fucking shame that while both of you can get intoxicated together that it's the responsibility of the man to know better?! I myself have made it a rule to not fuck around with a "drunk" lover and ere on the side of meeting her later if she's really interested, a good lawyer would first look into the woman's past to see if this pattern of taking on strange men at bars was a common occurrence and if so to destroy her credibility, they would ask if she was examined for rape and if not why not? All men should be careful of any barfly/whores and even though an "easy" woman may seem like a good idea, stories like this should show how suspicious we should be of any woman willing to give it up without a knowledge of who we are so quickly? No means No at anytime is proof of how pathetic this society truly is so, men beware and don't trust lawyers with horrendous grammar and spelling? Just Saying!

 

Anytime a woman says no, all activity must stop or its rape

There has been cases where the husband, who sleeps in the bed every night with his wife, has been charged with rape because she said NO!!

If you eat a woman and she cums, she says she don't want to let you finish, says no I don't want to have sex no more, everything after that his rape

 

Unfortuantly, most rape cases are not taken to trial because of lack of evidence. At least thats the stats in the UK and i presume US

 

Sadly a lot of courts here are full of more then a few of "Woke up in the morning to a regret rapes" that cause precedences in the law that make "real rapes" harder to prosecute!

 

In some states, it is called statuary rape. statuary rape means legal consent must be given for sex. It is not only the age, but also coherency of a person. The woman was not coherent , so the man was jailed for statuary rape because he did not have the woman legal consent to have sex. He could have been jailed for other more serious sex offenses , but the prosecutor made this decision.

 

yes, the woman was visible drunk and she took a breath alizer test.

 

I am professionally involved in this situation.

 

The woman does have a past of meeting men at bars and fucking them in hotels. Using a analogy, if you routinely leave the keys in yours car, and the car always get stolen. should the people whom have stolen your car go to jail. yes! Although the car's owner is partially responsible for his car being stolen, it a crime to still a car so the thieves should go to jail.

 

IMO, i would be very hesitant on this. if she is pressuring me for sex under
the influence, i would be more concern of the mental state at present.
i would wonder is this really her or the alcohol/drugs.

also, the guy should have a very heightened awareness of her behavior too.
YES, alot of guys would love to fuck and move on. BUT, that is not so in
every case either. in this case, there is some grey area.

did she know what she was doing ?.

did she really want the sexual fling ?.

does she like attention ?.

NOW, the friend or so-called friend, need to be very careful with this one.
the guy could put the " alleged rape " victims name out in the media.
causing her even more of a bigger embarrassment.

all her friends, colleagues, & family too, will look at her differently.

NO MEANS NO - PERIOD !!!!.

if a friend of mine or ( stranger ) too, was to come at me for sex, while drunk, i would refuse the offer. too much can go wrong and is at stake.

MEN, no matter whether their of consent or not, need to know the laws
in their state in these situations. this is how you can steer clear of the
allege charges and humiliations in the media.

i think GOOGLE or WIKIPEDIA, would be a good source of these types
of charges/crimes and what is needed to be proven of such a manner.

even the women was dress SCANTILY or PARTIALLY or TOTALLY NAKED,
doesn't mean it's still ok to commit such a act or crime itself.

the same goes, for a woman with a history of mental illness(s).

schizophrenia or a mental illness for a high sex drive.


YES, there is a mental illness for having a HIGH SEX DRIVE. one moment
she is in the mood. next moment, she doesn't want it. or, she is wondering
who the HELL, is the guy on top of her or in her bed.

look it up. i forgot the medical name for it. i will try to find it and post it
for all to see. unless, one of you all beat me to it.

 

"No" means no. Sexual intercourse after a woman says "No" is rape. Sexual intercourse between a man and a minor is statutory rape. Consent is no defense.

I wish all questions were that easy to answer.

 

Unfortunately there's no crime in being a prick tease or leading a man on and us men need to know it!

 

Christ on a bike, I would have hoped we were well past the stage where a woman's sexual history was deemed to have any bearing whatsoever on a rape case.

Where did the OP say this occurred in the US?

 

Fuck you!! Learn the law, OP. If you are not an attorney, shut the fuck up, bitch!!

Dummy, if you can intellectually make a response, you should not make a response.

 

Right, because this response has intellectual written all over it.
If you are an attorney, it's no surprise why our legal system sucks ass.:wall:

 

It's pretty simple "no" means "no".

Threres no "but"(s) in between it. Yes means yes and no means no!

 

Maybe I was misunderstood that the idea of looking into her history for similar types of accusations from the same woman plus, a woman who knowingly puts herself in a position to be victimized on a regular basis (like taking strange men home or multiple constantly) may show signs of a deeper psychosis that would cause her to cry "rape"? Remember in the case of accused rape or molestation a man's world is likewise destroyed as we're considered guilty till proven innocent (because men are like that?) and be assured the law will look into "my history" what kind of porno I watch or kinky sex I'd engaged in over the years? I don't like the accusations any less or more than you may as a woman! So if the man committed the crime, lock him up and castrate the bastard! But if she's proven to have lied (and it happens more than you may know) lock her ass up before she harms someone else's way of life or her own!