https://www.yahoo.com/news/minnesota-court-rules-rape-charge-125352182.html A Minnesota appeals court overturned a rape case because the woman got herself drunk. A woman passed out on a coach after drinking and woke up to a man sexually assaulting her. The man was initially found guilty but won an appeal citing a law that says there is consent if the woman gets herself drunk and doesn't get drunk or drugged against her will. Because she got drunk and then passed out the guy was free to have sex with her without committing a crime.
On the one hand this case is fucked and the guy clearly should be in jail. Getting drunk and passing out doesn’t mean you consent. On the other there has to be some accountability for someone getting drunk. If two people get drunk and have sex and the woman decides later that she didn’t like it, there has to be some kind of middle ground. Right now our courts believe that woman aren’t accountable for the decisions they make while drunk but men are. To me that’s unfair. But again, this case isn’t that. This is someone taking advantage of someone who is unconscious.
Getting drunk is not a crime. Rape is a crime. Tennessee is currently considering a law that would give the man absolute authority to decide a woman's pregnancy even in rape. A convicted rapist, from prison, would be given sole power to determine if the woman can terminate a pregnancy or has to carry to term and give birth.
Ok but I’m curious where you sit in terms of consent. if a man and woman are both drunk and they have consensual sex in the moment and then in the morning when they’re sober, the woman decides that she would not have slept with the guy if she was sober, is that rape?
In my younger days, back when dinosaurs roamed the earth, I sometimes drank more than I should and ended up with regrettable bedmates. But although my judgement wasn't the best, I was conscious and aware of what I was doing. Being tipsy, even bombed, isn't the same as being incapacitated. But even if drunk, if someone says no, it means no.
