NOTE: Women or men clearly incapacitated, ie staggerring, slurring speach, unconscious etc are not included in this debate as they are clearly unable to make an informed decision and thus no one should approach them for sex or accept their request for sex.
SO Should it be illegal to have sex with a woman under the influence of alcohol ?
well should it?
bearing in mind she can soon accuse you of rape if you do
The law may soon change to enable women who 'consent' to sex while drunk, to claim it was uninformed consent as they were drunk and cry 'rape'.
http://www.feminist.org/news/newsbyte/uswirestory.asp?ID=9932
"UK Proposes Changes in Rape Laws
The United Kingdom is considering new legislation that would make it easier to convict rapists, even if the victim was intoxicated at the time of the rape. The proposed law is an effort to address “non-stranger” rapes, also known as date rapes, where establishing consent and an intoxicated person’s ability to grant consent is crucial, Times Online reports. According to Solicitor General Mike O’Brien, the law is also necessary to target rapists who deliberately get their victims drunk in order to force sex upon them, according to This Is London.
Currently, UK law holds that an intoxicated woman is able to give consent as long as she is still conscious. Alcohol consumption is a major impediment to the successful prosecution of a rapist; according to The Observer, the Crown Prosecution Service often advises women who were drunk at the time of their rape not to bring their cases to court because they have little chance of being believed by a jury. Only 12 percent of reported rape cases actually go to court, and about 5 percent of alleged rapists are convicted in the UK, Times Online reports. "
and
http://www.smh.com.au/articles/2006/10/23/1161455665504.html
1)
Should the law make the matter clearer and make it illegal, to protect the male from rape charges and to discourage binge drinking in females.
Most first time sexual encounters with new partners, happen these days while under the under the influence of alcohol. Yet rarely does it result in a rape charge. I know many women who get drunk to the point of not recalling details afterwards and who become sexual predators when drunk. They do not cry rape when they regret their evenings antics, but if they could under possible new laws would they? Presently they of course do not feel they were 'raped' but that may change if the law changes, as things often do.
Controversial
This goes for men too, women can coax a drunk man into sex very easily, married men may for example may not actively seek other women, but may be caught by a predatory female while he is drunk and find his whole marriage in trouble afterwards.
2) Should he also be able to cry 'rape' ? Afterall he was taken advantage of while drunk? Would his wife accept he was 'raped' under these circumstances.
3) Will the new rules reflect both genders having sex while drunk or only women?
4) Should sex while drunk/drinking alcohol be illegal for everyone?
5) How drunk is too drunk to make an informed choice? Will we be educated in 'observing the signs'? What signs mean the line has been crossed for informed consent and uninformed consent?
When my bf is drunk, he tells me, I can't tell myself. Very little of his outward behaviour changes. The same re myself. How are people to judge this to protect themselves from rape charges? Should we just make sex while drinking alcohol illegal?
6) While telling men not to have sex with drunk women should we not also be diuscouraging binge drinking in women, to ensure they are not at risk?
The links show that rape cases reports are increasing but failing in prosecution as the female bringing the charges was drunk and can't recall what she said etc. Thus it is evident that drunk women are MORE at risk than none drunk women and are now in the highest catagory for rape.
Note: I do NOT support making it illegal to have sex with someone under the influence of alcohol remotely, just wonder where the law will go next with the rape and alcohol thing.