I suppose its rape both ways and both get a life sentence as if you can't prove one way then you can't prove the other
That's why I brought up underage rape. It's not like a 15 year old can rape an adult then claim as they were underage they can't give consent therefore the adult technically raped them, and get the adult sent to jail.
Should being drunk be a perfect "no consent" law? IMO no, but I think it should be taken into account rather than dismissed, and educating people about consent should be the way forward.
While being drunk certainly makes a woman more vulnerable and can make a conviction difficult, rape will only stop when men change their behaviour, not women.
But if they are both wrecked then one person could under the influence give consent and not rememebr the next morning .
That wouldn't normally constitute consent though.
To answer the earlier question about what if both were drunk, well I guess the police, CPS and court would have to consider who was the most incapable, and all the other evidence, and then decide if either should be prosecuted.
If it was impossible to ascertain who initiated the sexual activity, I assume that neither would be prosecuted, but being drunk wouldn't in itself be a defence to a charge of rape.
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That's why I brought up underage rape. It's not like a 15 year old can rape an adult then claim as they were underage they can't give consent therefore the adult technically raped them, and get the adult sent to jail.
Should being drunk be a perfect "no consent" law? IMO no, but I think it should be taken into account rather than dismissed, and educating people about consent should be the way forward.
But if they are both wrecked then one person could under the influence give consent and not rememebr the next morning .
That wouldn't normally constitute consent though.
To answer the earlier question about what if both were drunk, well I guess the police, CPS and court would have to consider who was the most incapable, and all the other evidence, and then decide if either should be prosecuted.
If it was impossible to ascertain who initiated the sexual activity, I assume that neither would be prosecuted, but being drunk wouldn't in itself be a defence to a charge of rape.