@failures art,
Quote:Yes, with the edit that technically if both people are drinking, either of them could face a rape charge. We cannot assume the male consents anymore than the female.
That depends on where you live, and how the sexual act of rape is defined.
In the U.K, for instance, the female could not be charged
Quote: Rape, under the sexual offenses act 2003 is the non consensual penetration of the mouth anus or vagina with a penis. Women cannot be charged/ convicted of rape. They can be charged with other sexual offenses though, such as sexual assault etc,
In NYS, for instance, the female could not be charged with rape
Quote: Definitions According to New York State Penal Law
"Sexual intercourse" has its ordinary meaning (penis to vagina penetration) and occurs upon any penetration, however slight.
And, in NYS, since rape is defined as sexual intercourse, without consent, a female would not be charged with rape.
The woman might be charged with other sexual assault crimes, just not rape. NYS separates oral sexual contact and anal sexual penetration from vaginal penetration
And, in rape situations, there are different legal degrees of rape which differ in the severity of the punishments for these offenses.
Quote:"Oral sexual conduct" means conduct between persons consisting of contact between the mouth and the penis, the mouth and the anus, or the mouth and the vulva or vagina.
So, the woman could, hypothetically, be charged with an offense involving oral contact without the consent of the partner in NYS.
Therefore it is important to read and understand the rape and sexual offense laws where you reside.
These are the laws in NYS for sexual offenses, including rape. I previously posted NYS date rape 4 times in this thread.
http://www.slc.edu/offices-services/security/assault/Penal_Law.html
Only Hawkeye and Bill are making this situation more confusing than it actually is.
Mainly that is due to the fact that they are both uninformed and ignorant of specific rape laws in specific jurisdicions. Neither of them has referred to specific rape laws, or provided the wording of any specific rape laws. They are also confusing rapes with other types of sexual assaults. So almost nothing that either of them are saying about rape should be given serious consideration until they begin referring to specific rape laws in particular jurisdictions, and provide links to those laws. They are talking about laws, without specific knowledge of the law. And they are often misinformed. NYS, for instance, clearly states that the use of force is not a necessary element in date rape, yet Hawkeye and Bill keep talking about force. Their hypothetical scenarios are meaningless because they don't refer to specific laws. Often they are referring to sex acts or sexual assaults/offenses other than those defined as rape in the law. Similarly, they confuse the issue of "consent", because they are not referring to the wording of specific laws. Lack of consent is actually made rather clear in the laws. And the topic of this thread is rape, and not all sexual offenses.
Hawkeye and Bill should first familiarize themselves with specific rape laws, and quote directly from those laws, in discussing this topic. Otherwise, they are discussing only their fantasies, and not specific laws.
The sexual offense laws, including rape laws of U.S. states can be found on many college and university Web sites because they want their students to be informed of such laws. The laws posted on those sites would be for the state in which the school is located. For locations outside the U.S., you can check rape laws on the internet.
Most of us are trying to have a serious discussion on this topic. A serious discussion is an
informed discussion.