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It is possible for two people to rape each other simultaneously.

It is possible for two people to rape each other simultaneously.

  • True

    Votes: 4 26.7%
  • False

    Votes: 7 46.7%
  • Other (please elaborate)

    Votes: 4 26.7%

  • Total voters
    15
If you really want to blow your mind, think about all the other things that you're accounted to have consented to do something and held accountable for your own actions while drunk (again, not to be applied to someone who isn't drunk specifically targeting drunk/passed out people).

Drunk driving? You consented to drive and held accountable
Domestic violence while intoxicated? Same thing
Drunken disorderly conduct? Same thing

Every single other example you can come up with you're accounted as being responsible for your choices while drunk except sex.

Even better.....the vast majority of so-called university sexual assault is between a drunk guy and a drunk girl....the girl is completely innocent and the guy is completely guilty according to the Feminist/State Cooperative.
 
Not how it works though logically it should. Some people are incapacitated by age not by real world capacity.

I agree. If neither party could legally sign a contract then neither party should be able to be held legally responsible for violating its terms. ;)
 
I agree. If neither party could legally sign a contract then neither party should be able to be held legally responsible for violating its terms. ;)

The only thing that makes me hesitant is that we now have a generation of psycho 8 year olds on psych medicines and I am not sure what we should do with them when they go postal. We certainly cannot say, "Not Guilty" and set them free when they kill somebody.
 
The problem is the myriad of factors which can go into such a loaded question.

If you have a specific concept of which you're thinking, then you should describe it so people can more accurately describe whether they think a situation is simultaneous rape. But to try and get a specific answer to a general question so you can later revise the question into a more narrow question, while still holding people to their initial responses which were made absent the new information, is a little disingenuous.
The idea is to see if people are going to be thinking about the myriad of factors, as it seems most have to this point, or if they are going to only consider a smaller set of circumstances as ttwtt did in post 13. For that matter, it will also show how people view the same act in different lights.
 
I know there are rules and you cant get to graphic but im sorta curious how that would happen simultaneously.

Well this thread took off a lot faster than I expected and since a few people have hit upon it, I will reveal what prompted this thread.
IMG_1554.JPG

Now if person A is drunk and person B has sex with them, and then B is guilty of rape, then when both A and B are drunk, then both are simultaneously raping each other, at least per that legal criteria. Mind you this does not speak to whether or not a prosecutor will try to charge both or not, only that both are meeting the criteria at the same time. It should also be noted that this is not intended to cover all situations where the two people involved are both drunk. Naturally one could get aggressive and the other say "no". But the implication of the poster is that the consent given was not valid since she was drunk. Well then neither is his consent and thus it was a mutual rape.
 
Well this thread took off a lot faster than I expected and since a few people have hit upon it, I will reveal what prompted this thread.
View attachment 67221757

1.) Now if person A is drunk and person B has sex with them, and then B is guilty of rape, then when both A and B are drunk, then both are simultaneously raping each other, at least per that legal criteria. Mind you this does not speak to whether or not a prosecutor will try to charge both or not, only that both are meeting the criteria at the same time. It should also be noted that this is not intended to cover all situations where the two people involved are both drunk. Naturally one could get aggressive and the other say "no".

2.) But the implication of the poster is that the consent given was not valid since she was drunk. Well then neither is his consent and thus it was a mutual rape.

1.) i would have to agree. If the only factors are dunk if BOTH are dunk then NEITHER are guilty of rape or BOTH are. Cant be any other way to be logical and fairly.
2.) agreed 100%
 
The idea is to see if people are going to be thinking about the myriad of factors, as it seems most have to this point, or if they are going to only consider a smaller set of circumstances as ttwtt did in post 13. For that matter, it will also show how people view the same act in different lights.
Perhaps, but that doesn't address my point. You seem to be wanting to play "gotcha", but asking a general question and then narrowing the focus to a question afterward. It's just not a good way to get people's opinions is all.

If you have a specific set of circumstance, ask about those and you'll get better responses. If you're just wanting to say "aha", then I wouldn't really consider this a very worthy thread. That's all I'm saying.

EDIT: I see after this post of yours, after I typed out all of my post, you revealed your specific circumstance (which I already kind of expected, as did at least one other poster if I remember correctly). However, I already typed out my post so I wasn't going to just delete it. :)
Now if person A is drunk and person B has sex with them, and then B is guilty of rape, then when both A and B are drunk, then both are simultaneously raping each other, at least per that legal criteria. Mind you this does not speak to whether or not a prosecutor will try to charge both or not, only that both are meeting the criteria at the same time. It should also be noted that this is not intended to cover all situations where the two people involved are both drunk. Naturally one could get aggressive and the other say "no". But the implication of the poster is that the consent given was not valid since she was drunk. Well then neither is his consent and thus it was a mutual rape.
In the situation where the only facts we have is that poster, then I've long argued it is wrong and, quite frankly, unfair to charge the guy with rape in that situation. If one cannot legally give consent because of inebriation, then that standard should apply to both people.
 
Well this thread took off a lot faster than I expected and since a few people have hit upon it, I will reveal what prompted this thread.
Out of context, that seems to be a poorly constructed and written poster, though probably with good intentions. That doesn’t mean it couldn’t achieve some of its aims.

Now if person A is drunk and person B has sex with them, and then B is guilty of rape
That isn’t true (and is a possible saving grace for the poster). Simply “being drunk” doesn’t automatically mean you’re incapable of consent. It would have to be established that the victim was too intoxicated to consent (which is typically not clearly defined). In practical terms, I’d suggest that two people who are both so intoxicated as to be clearly incapable of consent, they wouldn’t be capable of any significant sexual activity anyway and cases presented that way will generally involve some dishonesty (possible on both sides).

There are obviously cultural and procedural issues in this area relating to how men and women are treated differently (and indeed treat themselves differently) which impacts how we all behave. I do think there is a risk of getting in to too much technicality and catches and distracting form the very real issues here and I fear your thread suffers from that.
 
Perhaps, but that doesn't address my point. You seem to be wanting to play "gotcha", but asking a general question and then narrowing the focus to a question afterward. It's just not a good way to get people's opinions is all.

If you have a specific set of circumstance, ask about those and you'll get better responses. If you're just wanting to say "aha", then I wouldn't really consider this a very worthy thread. That's all I'm saying.

EDIT: I see after this post of yours, after I typed out all of my post, you revealed your specific circumstance (which I already kind of expected, as did at least one other poster if I remember correctly). However, I already typed out my post so I wasn't going to just delete it. :)

In the situation where the only facts we have is that poster, then I've long argued it is wrong and, quite frankly, unfair to charge the guy with rape in that situation. If one cannot legally give consent because of inebriation, then that standard should apply to both people.

We are seeing too much of this concept of the man is automatically the assailant in anything where rape is called, or in the case of male victim/female assailant, that such a situation cannot be rape. While I can see the perception of trying for a "gotcha", such was not my intent. I wanted to see how many would figure out the possibility without being handed the answer. For the most part, it seems that those here (can't speak for the rest of the country) were able to discern this possibility. Then we have those like ttwtt, who can't seem to see beyond "male bad" situations of rape.
 
Perhaps, but that doesn't address my point. You seem to be wanting to play "gotcha", but asking a general question and then narrowing the focus to a question afterward. It's just not a good way to get people's opinions is all.

If you have a specific set of circumstance, ask about those and you'll get better responses. If you're just wanting to say "aha", then I wouldn't really consider this a very worthy thread. That's all I'm saying.

EDIT: I see after this post of yours, after I typed out all of my post, you revealed your specific circumstance (which I already kind of expected, as did at least one other poster if I remember correctly). However, I already typed out my post so I wasn't going to just delete it. :)

In the situation where the only facts we have is that poster, then I've long argued it is wrong and, quite frankly, unfair to charge the guy with rape in that situation. If one cannot legally give consent because of inebriation, then that standard should apply to both people.

Being drunk does not excuse criminal behavior. It might POSSIBLY mitigate sentencing in certain instances, but if what you're saying is true, then, if I'm drunk, I can kill my spouse and walk away. Nope, being drunk is not a logical nor acceptable defense against a crime.
 
If I think of rape in the unable to consent form, then yes it's entirely possible for two people to rape each other simultaneously. They could both be so drunk, neither is capable of consent at that time.

How can one be guilty of an act s/he hasn't consented to? Lack of mens rea right there.
 
Being drunk does not excuse criminal behavior. It might POSSIBLY mitigate sentencing in certain instances, but if what you're saying is true, then, if I'm drunk, I can kill my spouse and walk away. Nope, being drunk is not a logical nor acceptable defense against a crime.
That's not what I'm saying.

What I'm saying is that if inebriation is the only standard by which one party is considered unable to consent to sex, then if both parties are inebriated, then either both need to be charged with a crime or, more logically, neither.

The point is if the girl is drunk and that means she is unable to consent, then by the same standard the guy should be considered unable to consent since he was also drunk. I've never once said being drunk is a defense to a crime.
 
That's not what I'm saying.

What I'm saying is that if inebriation is the only standard by which one party is considered unable to consent to sex, then if both parties are inebriated, then either both need to be charged with a crime or, more logically, neither.

The point is if the girl is drunk and that means she is unable to consent, then by the same standard the guy should be considered unable to consent since he was also drunk. I've never once said being drunk is a defense to a crime.

That's exactly what you're saying if both are drunk and the girl is under-age.
 
Rape is sexual activity without consent. Two people cannot simultaneously rape each other.
 
That's exactly what you're saying if both are drunk and the girl is under-age.

I believe we're making this argument assuming all things are equal.
 
Being drunk does not excuse criminal behavior. It might POSSIBLY mitigate sentencing in certain instances, but if what you're saying is true, then, if I'm drunk, I can kill my spouse and walk away. Nope, being drunk is not a logical nor acceptable defense against a crime.

No one is saying it is. The type of scenario being discussed is this:
Sam and Pat are both drinking. They are both intoxicated and feeling horny. They start making out and neither objects. They sloppily pour themselves out of a cab and into Pat's apartment. They have sexual intercourse. In the morning neither has a very clear memory of what happened and neither would have willing had sex with the other if they had not been drunk.

Did Sam rape Pat?
Did Pat rape Sam?
Did they rape each other?
Was it consensual sex?
 
No one is saying it is. The type of scenario being discussed is this:
Sam and Pat are both drinking. They are both intoxicated and feeling horny. They start making out and neither objects. They sloppily pour themselves out of a cab and into Pat's apartment. They have sexual intercourse. In the morning neither has a very clear memory of what happened and neither would have willing had sex with the other if they had not been drunk.

Did Sam rape Pat?
Did Pat rape Sam?
Did they rape each other?
Was it consensual sex?

Very clear post. I say that if either one was under-age, the other is guilty. Sans that? No problem.
 
Very clear post. I say that if either one was under-age, the other is guilty. Sans that? No problem.
But the issue, as shown in the poster, is that men are being warned that regardless of whether they are also drunk, they can be charged with rape if the girl is drunk.

Now, in reality, most states are pretty clear that without force, it's only rape if the victim was incapable of understanding what was happening, was incapable of giving consent or giving active resistance, or below a certain age.
 
But the issue, as shown in the poster, is that men are being warned that regardless of whether they are also drunk, they can be charged with rape if the girl is drunk.

Now, in reality, most states are pretty clear that without force, it's only rape if the victim was incapable of understanding what was happening, was incapable of giving consent or giving active resistance, or below a certain age.

These hypotheticals get so confusing. I'm out. ;)
 
Being drunk does not excuse criminal behavior. It might POSSIBLY mitigate sentencing in certain instances, but if what you're saying is true, then, if I'm drunk, I can kill my spouse and walk away. Nope, being drunk is not a logical nor acceptable defense against a crime.

If being drunk A) does not excuse criminal behavior and B) prevents one from being able to provide consent, then the woman is just as guilty of raping the man as the man is of raping the woman. Are you denying that?
 
That's exactly what you're saying if both are drunk and the girl is under-age.

Where did the underage come from? That has not been mentioned until you brought it up. That, lass, is a major strawman.
 
Yeah, what's up with that poster?

Both the guy and girl are drunk!
They have sex drunk!
The guy is a rapist!

Is that really what I just read?

Drinking removes all consent!?
I mean, she can't decide to get in the car and go home with him? <- He kidnapped her!

Wtf?!
 
Rape is sexual activity without consent. Two people cannot simultaneously rape each other.

Unless you are going to claim that being inebriated does not render one incapable of giving informed consent, then two people both drunk and both having sex that was not forced would be two people engaged in sexual activity without actual consent, thus qualifying as two people simultaneously raping each other. Is there something in this analysis that you disagree with?
 
So something set me off towards this statement. I want to hold off on presenting it, so as not to influence others' thinking.

Do you this the title is a true statement? Please be prepared to support your answer one way or the other.



In modern times, we have this thing about being too drunk to give INFORMED consent.

I've often wondered what if both people are too drunk to give informed consent. Did each rape the other? Does one cancel out the other?

Cuz in real life a lot of that goes on, often deliberately on both sides.


I figure the usual dodge is that the man is at fault, because... well because we're always at fault! :roll:
 
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