3 ms·
If I'm not wrong (but I might be), in some parts of the US you can get drunk, have consensual sex with somebody, and the day after somebody else can claim that
by Udik 9y ago
If I'm not wrong (but I might be), in some parts of the US you can get drunk, have consensual sex with somebody, and the day after somebody else can claim that you have been raped, as you were too drunk to consent.
- PhasmaFelis 9y agoI don't think you can press a rape charge without the consent of the alleged victim, assuming the victim is a competent adult. Anyone can claim you were raped, but if you stand up and say "bullshit", then nothing can come of it legally.
- Udik 9y agoHmm. If being drunk means not being able to consent, I don't see how is up to the victim to decide whether it was rape or not. What constitutes a "competent adult" seems to be the problem here, as a drunk person might not be considered a competent adult in some cases. Otherwise, it is tantamount to saying that whether one has committed a crime or not depends entirely on the other party will decide at some point in the future.
- 21 9y agoThe victim can say it was not rape after the event, while being sober. > one has committed a crime or not depends entirely on the other party will decide at some point in the future That is already true. In many crimes you need to press charges, and sometimes you can even request the charges to be dropped. Think about a simple case: a coworker slaps you. Is that an assault? Depends on the exact details and on your relationship with him.