A very close friend of mine has recently been charged with rape for having sex with a girl while they were both drunk. Apparently she was unable to give consent. Where does personal responsibility come into play with sex & alcohol? (morally & legally)
by 
JTP
ANSWERS: 7
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Just some more information I cannot fit into the question box: I have known him since I was brought home after being born, and I know him to be one of the most upstanding person I know. Also supposedly she said yes to him (before the act took place) but that has yet to be proven.
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Whether she said yes or no, the conviction rate for rape is appallingly low because it so often boils down to he said, she said with no corroborating evidence and so juries are reluctant to convict, which means that prosecutors are reluctant to prosecute.
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Your friend should be found not guilty. The girl is just as much responsible for getting into that mess as your friend is. When a person is intoxicated, anything can happen. If she was sober, she might have remembered what happened. Who can believe HER? For all we know she might be making it up. She was drunk, so it's darn foolish to accept anything she says, or he says.
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Legally: I do not have a concrete answer, but, so long as she is not underage and he did not use illegal drugs or force - he should be sound as a pound. Morally: He needs to remember, she did have to open her legs. She didn't turn into a catholic nun overnight. She may be unhappy with her choice, but, it was still her choice. Are you certain of the facts?
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I don't quite understand this " apparently" she was unable to consent; what does that mean? That she was unconscious? She couldn't speak? Whether or not she consented, if she's now saying that she didn't, that constitutes rape... He was, evidently, capable of having sex, therefore he was capable of not having sex. Morally he should have left her alone, knowing that she wasn't 'all there'; he was personally responsable for her well-being, as a human being, in the state she was in. Legally, he may have to prove he wan't in a fit atate either. I would like state :- This is in my experience. I'm not being moralistic or bigoted, or opinionated. Except to say - you guys!! Sheesh!! so it's never your fault then?! tch...
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thats why i dont drink.
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Well John, as far as i can see they were BOTH drunk, so why is he being charged with raping her and not her charged with raping him??? Its always the man to blame (i know in most cases it usually is the man to blame) but to be honest in this case i dont see why the blame is not as much hers as his. Its a shame as his character will be tarnished, even if he is found innocent, he will always be known as 'the guy who raped so and so' by people who know about it, its quite easy to fall into the trap of having sex with someone when under the influence and you never for a minute think that the next day you will be charged with rape.. such a shame, i hope things work out.
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