perhaps we should also define the concept of rape.....where does one become incapable of consent?
many mentally handicapped people have a strong sexual drive but can they consent to sex?
Its not only a question of how one becomes incapable, its also of how, and if the other person is also incabable.
***Listen, I know men and women are different, and in this case the end result is different for both, but when it comes to law, and if we want to create a gender neutral society, one gender cannot get special consideration unless we spell it out explicitly, and have a damn good reason for it.
***i do not see rape as a gender bias...men are raped daily....
In the case of someone spiking a girls drink to have sex with her, the guy is purposefully removing the womans ability to provide informed consent, the use of drugs to remove consent is a crime, and thus the sex is a crime.
***spiking (roofies?) that is just plain wrong and is rape in my book
In the case of them both willfully becoming drunk, having sex that, at the time, was not conested, and then the woman going back on her drunken consent to me cannot meet the level of "rape" as the intoxication was entered willingly by both parties.
***and we begin the slide down the slippery slope....we have all awoken with what was called a coyote hangover...(where you would asoon chew your arm off as wake up the person next to you) my heyday was the 70's...ahhh yes....no roofies we used ludes..talk about sex with the dead but i digress...on the both drunk and then she goes all..... you raped me....to keep face or whatever..that is just wrong...but then again how do you prove consent etc?
If a sober guy however, has sex with an obviously plastered woman, there however is a grey area, which depends on the level of intoxication. I he banged her when she was unconcsious? yeah, thats a sexual assault, but if she's concious, and willing while drunk?
Not an assault to me.
***if one takes advantage of a drunken woman? yes that is assault....how many drunken woman are raped in bars? i think that is assault
When it comes to consent and the mentally disabled, what of the case where both parties are disabled and cannot truly give "consent" is that rape? even if in their limited capacity they did it willingly? Do the girls parents get to decide consent for her?