@mysteryman,
mysteryman, do you not want to hold drunken drivers responsible for the accidents and deaths they cause?
Being intoxicated does not excuse
criminal behavior--in fact, being drunk is an aggravating factor in many crimes. Those accidents and deaths might not have happened if the driver wasn't drunk.
The same standard in most rape situations cannot be applied to both parties because only one of them is committing the criminal act--having penetrative sex without the active, fully and freely willing, and conscious consent of the partner--without such consent, the act is the crime of rape. And the penetration is done by the man.
Just being intoxicated is not a crime. The woman isn't committing a crime just by being drunk. The man commits the act of rape, and it doesn't matter whether he is drunk or not, it does not excuse his behavior.
If the man is the one actively doing the penetrating, his consent is implicit in his actions.
What the trolls aren't saying is that men also rape other men and these same standards apply in those instances. These laws protect both males and females who are raped.
There are a long list of individuals deemed not legally capable of giving consent--the mentally retarded, the mentally ill, people who are unconscious, or not fully conscious, those below the age of consent, and those whose judgment and thinking may be impaired by drugs or alcohol, etc.. These are all groups of individuals that the law has deemed vulnerable and not able to sufficiently protect themselves from a sexual assault.
So, the consent statutes are really saying that a man cannot use a woman's more vulnerable intoxicated state to "take advantage of her" by having sexual contact with her that she might not consent to if she was more fully aware of what was going on, or if her abilities to resist and protest had not been diminished and impaired by alcohol. That is why she may be deemed legally unable to consent.
Remorse about a sexual act does not constitute rape. Just because a woman regrets having had sex does not make it rape in the eyes of the law. If a woman chooses to lodge a rape complaint she must allege that she did not give consent--that her intoxicated state prevented her consent and the sexual contact was unwanted. The woman has to feel she was assaulted. And once she lodges that rape complaint, she will be subjected to a lengthy, somewhat humiliating, and very invasive rape kit examination that lasts several hours. This is not something that most women want to go through, and they are certainly not going to put themselves through it for frivolous reasons. And most rapes go unreported. And cases where the female was drunk, in a dating situation, are very difficult for a D.A. to take to court and get a conviction on, so these cases rarely get to court unless there is evidence that force was also used and there were injuries to the victim. So most men are not being arrested for having sex with a drunken woman. They are not even being charged under such laws, and these rapes aren't, by and large, even being reported.
Where these laws are more often applied are in those instances where the rapist was
clearly taking advantage of the woman's intoxicated state. So, in this thread, I have already posted numerous stories of intoxicated women who were raped by police officers. And, because of the authority of the police officer, and fear of him, these rapes generally don't require physical force. These officers were either supposed to be assisting the woman, or arresting her, and they wound up raping her. In the most outrageous of those cases, the police officer raped the woman, and after she went to an ER for a medical exam, he showed up as the cop to take her rape report. Without the laws pertaining to consent when the woman is intoxicated, these men would have claimed the sex was consensual, and the woman wouldn't be able to prove otherwise. But, because intoxicated women can't legally give consent, they were able to charge and convict these police officer rapists. And that's only one such type of situation where it is evident that we need to protect intoxicated individuals, both males and females, from sexual assaults by those who will take advantage of their vulnerable situation. We do need these laws on the books, even if they aren't applied most of the time, because there are situations where they are definitely needed.
The trolls are grossly distorting the date rape laws, and how they are actually being applied, by emphasizing those instances where women maliciously and intentionally lie about being raped, or where women try to punish men (sometimes in divorce or custody actions) with claims of rape. Those things happen
very infrequently--and women who do such things are wrong, and everyone agrees about that. Neither of the trolls trust women. But most women do not lie about being raped.
Quote:What I am saying is, why is it up to me to determine your mental state?
Because the law requires you to have permission before entering a woman's body--just as someone needs your permission to enter your home. And, because the law deems certain vulnerable individuals unable to give consent, it's up to you to determine whether the person you have sex with is 13 and not 16 or 17, that the person isn't mentally retarded, mentally ill, or mentally incapacitated by drugs or alcohol. And, if you can't determine those things to a certainty, you are legally safer refraining from intercourse. You have a choice--you don't have to have sex. That is your most important protection. The purpose of the law is to deter behavior under such circumstances.
A sober woman can rape a severely intoxicated man under similar circumstances. In those instances, the man can report a rape. These laws do not just apply to women, they can and do also protect men.
In a date situation, if both parties are intoxicated and have intercourse they are both technically committing rape in some states (but not all), and both could report a rape. But, unless there is clear evidence that one used force or coercion on the other, or that the man was too severely impaired to be the aggressor, those cases will go no nowhere. Common sense tells you that D.A.s don't even bother with cases like that, and they don't.
Most rapes go unreported. Of those that are reported, most do not result in convictions. Date rapes are particularly hard to prove. D.A's don't bother with cases that can't possibly lead to convictions. These laws are applied in those situations where convictions can possibly be obtained, and that is generally based on some evidence beyond just the woman's word that the sex was non consensual, because juries must be convinced beyond a reasonable doubt.