this post was submitted on 19 Oct 2023
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[–] [email protected] 9 points 1 year ago (2 children)

I'm confused how two drunk people having sex is date rape? I mean I'm assuming OP was also drinking.

[–] [email protected] 1 points 3 weeks ago

it doesn't matter if your ability to make decisions is also impaired, it only matters that hers is. the fact that she is intoxicated means that her decision making and impulse control are both impaired. this means that it is effectively the same as drugging her to get her to agree and therefore is the same as rape. if you both agreed earlier while sober, obviously that changes things. all of the above is still true no matter your condition, because your condition isn't what makes it rape, the condition of the person you are having sex with is.

edit: for clarification, this applies regardless of the gender of either person. I presented it as straight with the male at fault because 1) that's what the situation in the post would have been, 2) I am a guy, and so I think about this from the perspective of what I would need to consider is such a situation, and 3) the way I was raised, the man would be considered at fault regardless in most situations under the (admittedly somewhat flawed) assumption that the man is convincing the woman and not the other way around.