Rape or not? - Page 2

John Scott · 08-01-2007, 11:38 PM

Quote:

Originally Posted by cessai

IMO, yes!

Yes what?

John Scott · 08-01-2007, 11:39 PM

According to Florida law, if someone is intoxicated with an .08 blood-alcohol content, then they are legally unable to consent to sex.

Why was it both the male and female were drunk, but the male was charged with the crime? Shouldn't the female be charged too?

mvandemar · 08-01-2007, 11:41 PM

Quote:

Originally Posted by John Scott

According to Florida law, if someone is intoxicated with an .08 blood-alcohol content, then they are legally unable to consent to sex.

Why was it both the male and female were drunk, but the male was charged with the crime? Shouldn't the female be charged too?

Where did you read this?

In order for her to be charged, he would have to claim that he did not want to have sex with her. He would have to actually press charges.

-Michael

John Scott · 08-01-2007, 11:46 PM

Search google for "drunk consent". Many jurisdictions now have "drunk consent" laws. Really disgusting, if you ask me.

You and your wife like to get drunk and have sex? TOO BAD! If she has .08 blood-alcohol content, it's rape. Even if she signs off on it before getting drunk, it's rape.

mvandemar · 08-02-2007, 12:00 AM

Quote:

Originally Posted by John Scott

Search google for "drunk consent". Many jurisdictions now have "drunk consent" laws. Really disgusting, if you ask me.

You and your wife like to get drunk and have sex? TOO BAD! If she has .08 blood-alcohol content, it's rape. Even if she signs off on it before getting drunk, it's rape.

It still requires someone to bring charges after the act for there to be any kind of crime involved.

It's not like you have a few drinks with your wife, start screwing around on the dining room table, and then BAM! the FBI bust through your front door and arrest you both for raping each other.

Yes, it can muddy the waters in "buyers remorse" type situations after the fact, where someone decides the next day that they changed their mind and blame it on the alcohol, but in the normal course of events this will usually never come into play.

It won't matter for much longer anyways. In the not too distant future the Emotiv helmet will be advanced enough where all laws are going to need to be revamped anyways, since reading peoples minds will change the way we do things a bit.

-Michael

John Scott · 08-01-2007, 11:47 PM

http://www.alligator.org/pt2/060113daterape.php

John Scott · 08-02-2007, 12:07 AM

Quote:

It still requires someone to bring charges after the act for there to be any kind of crime involved.

In most states, police are allowed to bring charges even if the "victim" protests.

Quote:

Yes, it can muddy the waters in "buyers remorse" type situations after the fact, where someone decides the next day that they changed their mind and blame it on the alcohol, but in the normal course of events this will usually never come into play.

There are guys in prison because of these moronic laws.

mvandemar · 08-02-2007, 12:11 AM

Quote:

Originally Posted by John Scott

In most states, police are allowed to bring charges even if the "victim" protests.

That's true, but only if the crime was reported.

Quote:

Originally Posted by John Scott

There are guys in prison because of these moronic laws.

I know, and I'm sure of them are actually innocent. It would be interesting to see how many were actually charged under these laws though.

-Michael

John Scott · 08-02-2007, 12:20 AM

http://www.realclearpolitics.com/art...nd_prison.html

Reading that... wow.

mvandemar · 08-02-2007, 12:25 AM

Quote:

Originally Posted by John Scott

http://www.realclearpolitics.com/art...nd_prison.html

Reading that... wow.

Right, but that doesn't appear to have to do with this issue... that has to do with some whacked out chick lying and screwing some guys life up forever.

-Michael

John Scott · 08-02-2007, 12:28 AM

Quote:

Originally Posted by mvandemar

Right, but that doesn't appear to have to do with this issue... that has to do with some whacked out chick lying and screwing some guys life up forever.

-Michael

True. It just seems that a woman can claim rape and that's the end of the guy.

mvandemar · 08-02-2007, 01:27 AM

Quote:

Originally Posted by John Scott

True. It just seems that a woman can claim rape and that's the end of the guy.

Oh, absolutely. And unfortunately, the only way to defend is to destroy the woman's credibility completely. It's the emotional impact that is so hard to get over.

-Michael

**Zap** · 08-02-2007, 06:34 AM

Quote:

Originally Posted by John Scott

http://www.realclearpolitics.com/art...nd_prison.html

Reading that... wow.

Yet, another case for punishing false whistle blowers more severely. This girl had nothing to lose by lying to the courts and ruining this guy's life. There should be a penalty for false accusations that is equal to the penalty of the accusation. She should be spending 5 years in jail for trying to ruin this guy's life and labelled as a habitual liar instead of him getting the 5 years and the label of sex offender.

Domestic Diva · 08-02-2007, 07:24 AM

Quote:

Originally Posted by Zap

She should be spending 5 years in jail for trying to ruin this guy's life and labelled as a habitual liar instead of him getting the 5 years and the label of sex offender.

I agree!!

Timinator · 08-02-2007, 07:19 PM

Quote:

Originally Posted by Zap

Yet, another case for punishing false whistle blowers more severely. This girl had nothing to lose by lying to the courts and ruining this guy's life. There should be a penalty for false accusations that is equal to the penalty of the accusation. She should be spending 5 years in jail for trying to ruin this guy's life and labelled as a habitual liar instead of him getting the 5 years and the label of sex offender.

I agree, there is way too much of this crap that goes on.

sleepyhead · 08-02-2007, 01:45 AM

Quote:

Originally Posted by John Scott

According to law, a husband who initiate sex with his sleeping wife is guilty of rape, because she did not consent.

Rape or not?

No.

Quote:

Originally Posted by John Scott

Also, according to law a man who has sex with an inebriated woman is guilty of rape, even though she initiated the sex. (A person who is drunk can consent all they want, but the consent is considered invalid because the person is/was drunk.)

Rape or no?

No.

The American Voters · 08-02-2007, 09:23 AM

Quote:

Originally Posted by John Scott

According to law, a husband who initiate sex with his sleeping wife is guilty of rape, because she did not consent.

Rape or not?

I have to agree with others on this, if the wife didn't wake up then he needs to figure out what he's doing wrong. I wouldn't say rape either but then again would your wife really report you? If so, there's something wrong to begin with.

Quote:

Originally Posted by John Scott

Also, according to law a man who has sex with an inebriated woman is guilty of rape, even though she initiated the sex. (A person who is drunk can consent all they want, but the consent is considered invalid because the person is/was drunk.)

Rape or no?

I think it depends when consent was given. If she's completely trashed and can't even walk and says ok then I think you need to have enough responsibility to say no. If she consents well before being completely hammered then I don't see any problem with this.

John Scott · 08-02-2007, 09:41 AM

Quote:

Originally Posted by The American Voters

I have to agree with others on this, if the wife didn't wake up then he needs to figure out what he's doing wrong.

How did the issue of the woman not waking up get in here? Who said that she did not wake up? I used to have a girlfriend who liked to do things to me when I was sleeping. Initiating. According to law, if I had done that to her, it would have been rape because she had not given consent.

And why does the issue of whether or not she would report it come up? If nobody reports it, is it ok to have absurd laws on the books?

The American Voters · 08-02-2007, 10:30 AM

Quote:

Originally Posted by John Scott

How did the issue of the woman not waking up get in here? Who said that she did not wake up? I used to have a girlfriend who liked to do things to me when I was sleeping. Initiating. According to law, if I had done that to her, it would have been rape because she had not given consent.

And why does the issue of whether or not she would report it come up? If nobody reports it, is it ok to have absurd laws on the books?

I was going along with the sarcasm and jokes others thew into the thread. I think the law is BS and it shouldn't be in there for this particular circumstance.

mvandemar · 08-02-2007, 01:34 PM

Quote:

Originally Posted by John Scott

According to law, if I had done that to her, it would have been rape because she had not given consent.

John, you keep calling those acts rape, as in you are inherently raping someone if you do that, but it's not. It's grounds for someone to bring rape charges against you, not some automatic "bad thing".

Yes, there will always be wackos like the woman and what she did to that poor Florida boy, and yes, this does make it easier on them... but in general there are sound reasons for things like this.

For instance, your statement on the sleeping wife. Is there actually a law that has verbiage about wives and sleeping? Or, did something happen that had a legal ruling where the woman won in court? Where is the original story on that one?

-Michael