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08-01-2007, 02:27 AM
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Individualist
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Rape or not?
According to law, a husband who initiate sex with his sleeping wife is guilty of rape, because she did not consent.
Rape or not?
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?
Last edited by John Scott; 08-01-2007 at 09:58 PM.
Reason: typo
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08-01-2007, 02:52 AM
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American laws. No? 
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08-01-2007, 03:10 AM
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Coding Tiger
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IMO, having sex with a sleeping wife is just as having sex with a dead body, that's because she is not part of the action (that is, when you sleep you're unconscious) and is a sick thing to do...
So yes, I would consider that as a rape and if I were that woman I'd sue that sick husband if he would do that to me...
The same for the drunk part. But that depends very much on that woman's preferencies  If she's nothing than a puppy then everything is ok, otherwise... 
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08-01-2007, 03:10 AM
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v7n Mentor
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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.
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As a husband of MANY years I would have to say this is not possible, she always wakes up and you will know quite quickly if you have consent, a fact to which my sofa can testify.
Now if we were talking about things the other way around ...
I'd have to say, I would be so lucky. It has happened and I was very grateful.
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08-01-2007, 03:20 AM
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well - if a guy tries to have sex with a sleeping woman and she DOES NOT WAKE UP - maybe this guy should just stop having sex at all!
and for the drunk thing: how is the law the other way round? if the man is the one who consumed alcohol?
if i am drunk and i hit on a woman and we end up having sex, was i actually raped? oh boy, then i got raped pretty often in my youth!
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08-01-2007, 06:35 PM
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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?
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Not. Who could sleep through sex?? She'd wake up, then hopefully decide to participate.
Quote:
Originally Posted by John Scott
Also, according to law a man who has sex with an inebriated woman is guilty of sex, 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?
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If a woman initiated it, then I don't think it's rape. Saying her judgement was clouded due to alcohol is a cop out. In that same level of drunkenness, had the police pulled her over for drunk driving, you bet your a$$ she'd say she was completely lucid.
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08-01-2007, 07:47 PM
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v7n Mentor
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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?
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Ridiculous.
Quote:
Originally Posted by John Scott
Also, according to law a man who has sex with an inebriated woman is guilty of sex, 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?
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Instance of a man going to jail because a girl who acted like a slut wished she hadn't after sobering up.
Women who prosecute these types of silly things really damage the cases of women who have been legitimately raped.
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08-01-2007, 08:03 PM
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Super Moderator
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So...
What happens if both the man AND the woman are drunk?
Who takes the blame then?
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08-01-2007, 09:36 PM
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Individualist
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Quote:
Originally Posted by Zap
So...
What happens if both the man AND the woman are drunk?
Who takes the blame then? |
Only the guy goes to prison. This is what happened in Florida a few years ago.
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08-01-2007, 09:49 PM
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Contributing Member
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Quote:
Originally Posted by John Scott
a man who has sex with an inebriated woman is guilty of sex
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Umm...
He's actually guilty of sex even if she's stone cold sober.
-Michael
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08-01-2007, 09:58 PM
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Individualist
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Fixed 
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08-01-2007, 10:15 PM
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Quote:
Originally Posted by John Scott
Fixed |
Heh!
As to the actual questions, it is going to depend upon whether you are speaking legally or morally, and if legally, then where it happens.
Morally it will of course depend on intent and surrounding circumstances. If a husband has no reason to believe that his wife would object to that sort of wake up, then I would say no. If at any time after he started she said "stop" and he didn't, or if he knew before hand that she wouldn't agree to it awake, then of course it would be.
The bit about inebriated though, I'm guessing that would be subject to all kinds of legal interpretation. If he didn't get her drunk, for instance, and they met and she initiated it, and called foul afterwards, then personally I think she would need treatment in some sort of facility for substance abuse. If he deliberately got her drunk for that express purpose, and knew she wouldn't sleep with him otherwise, then yeah, he's a bit of a slime.
-Michael
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08-01-2007, 10:29 PM
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IMO, yes!
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08-01-2007, 10:38 PM
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Quote:
Originally Posted by cessai
IMO, yes!
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Yes what?
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08-01-2007, 10:39 PM
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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?
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08-01-2007, 10:41 PM
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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?
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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
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08-01-2007, 10:46 PM
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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.
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08-01-2007, 10:47 PM
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Individualist
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08-01-2007, 11:00 PM
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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.
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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
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08-01-2007, 11:07 PM
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Individualist
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Quote:
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It still requires someone to bring charges after the act for there to be any kind of crime involved.
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In most states, police are allowed to bring charges even if the "victim" protests.
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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.
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There are guys in prison because of these moronic laws.
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