@mysteryman,
Quote:Of course whats interesting is a rapist CANNOT use the excuse that he was drunk at the time so he (or she) isnt responsible.
But by the same token the victim CANNOT use that excuse either as a reason to claim rape, if the victim took the drugs or alcohol WILLINGLY.
No, the rapist cannot use intoxication as an excuse for rape, just as a drunken driver cannot use intoxication as an excuse for a DWI homicide..
If the victim took drugs or alcohol willingly, she can still be raped, if the sex was non consensual. Someone who is intoxicated can also choose to have consensual sex.
Rape is non consensual sex. The issue in deciding whether rape occurred is whether there was lack of consent by the victim at the time of the act.
If the victim took alcohol or drugs voluntarily, was she or he so incapacitated, or physically helpless, as a result of ingesting those substances, that they were unable to give consent? For instance, they could be unconscious, or barely conscious, or floating in and out of consciousness. Or so drunk and drugged, they can't either offer resistance, or give consent.
Quote:So this is saying that if you CHOOSE to get drunk, or do drugs, then it will be very hard for you to prove an assault occurred, because the intoxicating substance was taken by you willingly.
No, that's not what it says. Just because someone is drunk doesn't mean they can't be assaulted--the issue is whether CONSENT was present. Someone who claims the sex was non consensual could have bruises, ripped clothing, witnesses, etc. as other evidence of an assault.
They could also go to an ER, for a rape exam, and have blood drawn to establish their blood alcohol level--if it's sufficiently high, it might support the contention that they were too impaired or physically helpless to give consent.
In typical he said/she said situations, where the female is intoxicated, and no force was used, but the female said, "No", and sex took place anyway, it is difficult to legally prove that a rape/assault took place. Those cases rarely go anywhere for that reason, unless there is other evidence of non consent. These are probably the least reported cases.
The issue isn't just whether the victim can use her intoxicated state to claim a rape took place. The real issue is what led the other person to believe that the sex was consensual--how did he know that she wanted it, and knew what she was doing, despite her being intoxicated. The issue is always whether consent was present or not--in any rape case.
The sexual assault/rape laws in most states are pretty similar. They really aren't meant to entrap anyone.