View Poll Results: Is This Rape

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  • Yes

    79 86.81%
  • No

    12 13.19%
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Thread: Is having sex with a passed out girl rape?

  1. #81
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    Re: Is having sex with a passed out girl rape?

    Quote Originally Posted by Viktyr
    That. That is how you are being judgmental and critical. You know her better than we do, so I'm not going to claim that her self-respect is just fine, but it could be. You are basing this entire assessment of her character on your interpretation of how she should have reacted to something that happened to her. You go on ahead and do what you think is best for you, but it looks like you're being more than a little unfair to her here and you really should stop telling yourself that it's for her own good.
    My assessment of her self-worth is based on my entire time knowing her, not just this incident. I knew she had low self-respect before, but this event just proves it's way worse than I thought it was. I'm not criticizing her for that; I'd like to see her learn to respect herself. She's a great person and deserves it. But at the same time I have to respect myself by not entering into an unhealthy relationship with a girl that isn't ready for one.

    So how am I being unfair?
    "I do not claim that every incident in the history of empire can be explained in directly economic terms. Economic interests are filtered through a political process, policies are implemented by a complex state apparatus, and the whole system generates its own momentum."

  2. #82
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    Re: Is having sex with a passed out girl rape?

    If you're basing your assessment off of actually knowing her, then you're not being unfair. I conceded to the possibility that such was the case, but based on the information you had provided up to that point, it did appear that you were hinging the whole thing on that one incident. I still think your interpretation of her emotional state is terribly insulting, but if you think she needs help that badly then you do what you have to do. All I'm saying is that what you're suggesting might not be what she needs, and that you should at least consider that possibility before you do anything.

  3. #83
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    Re: Is having sex with a passed out girl rape?

    Quote Originally Posted by Simon W. Moon View Post
    Why not? Living wills stand.
    To prove rape, as with most other crimes, the prosecution needs to establish that the defendant possessed a certain mental state. For instance, if I deliberately fire a gun at a person for the purpose of killing that person, I've committed murder. If, on the other hand, I'm holding a gun, slip on a banana peel, and the gun goes off, accidentally killing a person standing nearby, I haven't committed murder, and depending on the circumstances, may not even be charged with manslaughter.

    Similarly, proof of rape requires that the defendant intend to have sex with the victim, and not believe that the victim has consented. Prior consent gets tricky. It would have to be a prior statement by the victim that she intends to consent to sex at a specific time, not just that she seemed like she may potentially have consented to sex at some vague unknown future time. So yeah, prior consent might work, but it'd have to be awfully precise. Additionally, unless the woman said something like, "please have sex with me once I've passed out," any reasonably competent prosecutor would probably argue (successfully) that whatever consent had been given ended when the woman ceased to be conscious.

  4. #84
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    Re: Is having sex with a passed out girl rape?

    Quote Originally Posted by Viktyr Korimir View Post

    Rules to live by, to be certain. But if she says it's okay afterwards, you're not a rapist-- you just took a hell of a risk of becoming one.
    Actually, no. If you don't reasonably believe she's consented at the time you have sex with the girl, you are, legally speaking, a rapist. This would almost certainly be true in any state in the US. It is immaterial whether the victim later says the sex was okay (although obviously that would impact whether or not charges are brought).

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    Re: Is having sex with a passed out girl rape?

    Quote Originally Posted by Khayembii Communique View Post
    Girl meets guy for the first time. Girl gets drunk and passes out. Guy has sex with her. Girl plays it off and doesn't care.

    Is this rape?
    I haven't read the rest of the thread, but it's definitely rape.

    Rape is having sex with someone who cannot give consent. Because the woman is pased out, she is incapable of giving consent. Therefore sex with her is rape.
    Also, we need to legalize recreational drugs and prostitution.

  6. #86
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    Re: Is having sex with a passed out girl rape?

    I still think your interpretation of her emotional state is terribly insulting
    How is it insulting?
    "I do not claim that every incident in the history of empire can be explained in directly economic terms. Economic interests are filtered through a political process, policies are implemented by a complex state apparatus, and the whole system generates its own momentum."

  7. #87
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    Re: Is having sex with a passed out girl rape?

    Quote Originally Posted by Khayembii Communique View Post
    How is it insulting?
    "How dare you not act like a rape victim? You're so broken you don't even realize how broken you're supposed to be!"

  8. #88
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    Re: Is having sex with a passed out girl rape?

    Quote Originally Posted by Khayembii Communique View Post
    Question 2: You've been seeing this girl (not exclusively) for about a month. She nonchalantly tells you about it but doesn't think it's a big deal and likens it to drunk sex. What do you do?
    A: Ask her if she want's a drink ?
    Quote Originally Posted by Lutherf View Post
    There were, by most estimates, 500 Nazis in Charlottesville. One of them went homicidal. Not all Nazis are violent extremists. You are trying to rationalize your hatred and it's simply not rational.
    Quote Originally Posted by TurtleDude View Post
    as I noted, its better that 10 nutjobs get guns than one good person be wrongly disarmed.

  9. #89
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    Re: Is having sex with a passed out girl rape?

    Quote Originally Posted by Viktyr Korimir View Post
    If it's no big deal, it's no big deal. There's a big difference between feeling violated but being too ashamed to speak up, and not feeling violated at all. If she says it's just "drunken sex" and doesn't have a problem with it, then she sure as Hell doesn't need everyone telling her that she's a rape victim, dammit, and needs to start acting like one. That is hers to decide; if you don't respect her authority to do so, then you are not respecting her authority to make her own sexual decisions for herself. Maybe she likes it, and that's what she's trying to tell KC. Maybe she just really doesn't care.

    That's her right, and I don't think it says anything bad about her as a person.



    Rules to live by, to be certain. But if she says it's okay afterwards, you're not a rapist-- you just took a hell of a risk of becoming one. I definitely wouldn't want to have anything to do with this asshole, because he took advantage when he didn't know, but that's on him. Only a matter of time until he does it to someone who does mind, and doubtless he's done so many times in the past. He's scum.

    She just has a drinking problem.



    Well, on a scale of one to ten, with one being Saturday night alone time and ten being the most awe-inspiring feats of carnal prowess known to man or god alike, it's still a two.





    That. That is how you are being judgmental and critical. You know her better than we do, so I'm not going to claim that her self-respect is just fine, but it could be. You are basing this entire assessment of her character on your interpretation of how she should have reacted to something that happened to her. You go on ahead and do what you think is best for you, but it looks like you're being more than a little unfair to her here and you really should stop telling yourself that it's for her own good.
    I don't know how one acts like a rape victim... All people act and respond differently. I am not telling her how she should act, but if she keeps putting herself in this situation, then she is putting a lot a risk and something really bad can happen to her. For some reason, she doesn't see anything wrong with being treated that way and she is about to lose her boyfriend because she doesn't care about herself.

    She probably doesn't see anything wrong hanging out with people who have no respect for her, and can't tell when people have respect for her. I find that sad. If she surrounds herself by people like that, something is bound to happen. She might be ok with this, but the next thing could be worse. I'd say she has some serious issues with herself, and I don't have the solution... She might be the type that has to hit a serious low and go through something really traumatizing before she'll finally wake up...

  10. #90
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    Re: Is having sex with a passed out girl rape?

    Quote Originally Posted by Khayembii Communique View Post
    My assessment of her self-worth is based on my entire time knowing her, not just this incident. I knew she had low self-respect before, but this event just proves it's way worse than I thought it was. I'm not criticizing her for that; I'd like to see her learn to respect herself. She's a great person and deserves it. But at the same time I have to respect myself by not entering into an unhealthy relationship with a girl that isn't ready for one.

    So how am I being unfair?
    I can respect your decision... I wish I had a solution or knew how to help people like her, but I really don't.

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