New rape laws (thoughts)

(15 Posts)
starshaker Thu 13-Mar-14 17:10:56

Obviously anything that brings more awareness is a good thing. Having heard on the radio that they are saying that going out and getting drunk and having sex with somebody constitutes to rape. How will that actually work. If both parties are drunk who would be the rapist? It would be different if somebody deliberately got somebody else drunk to take advantage but then is that not already an offence.

I think they should concentrate on enforcing the laws they already have rather than making up more laws that they cant enforce.

starshaker Thu 13-Mar-14 17:55:25

Does nobody have any thoughts on this?

WowserBowser Thu 13-Mar-14 17:57:57

Surely there's more to it than that?

starshaker Thu 13-Mar-14 17:59:18

There is a big campaign going on at the moment but this was the one i kept hearing and thinking how the hell will they enforce that?

WowserBowser Thu 13-Mar-14 18:05:13

I think the twat who raped me was technically prosecuted because i was too drunk to consent.

I think the judge went down that route as it was obvious he had raped me but as i couldn't remember any of it, it was hard to prove.

AnyaKnowIt Thu 13-Mar-14 18:12:12

You can't consent to anything while drunk.

How is consenting to sex any difference?

Personally I would like to see rape cases to be a question of reasonable belief then doubt.

starshaker Thu 13-Mar-14 18:23:49

I agree. It is very much a case of "my word against his". There is very rarely witnesses, its not always violent so getting a conviction is very difficult.

Op. the act of rape itself is violent.

starshaker Thu 13-Mar-14 18:41:36

I know that, what i mean is there isnt always excessive force, bruises, man with a black balaclava down a dark ally situation

NiceTabard Thu 13-Mar-14 18:51:37

It is currently illegal in England and Wales to have sex with someone who is too incapacitated to consent, whether through drink, drugs, illness, whatever. I imagine similar applied in Scotland and NI as well but am not as familiar with their laws.

Have you got a link to the new proposals?

WowserBowser Thu 13-Mar-14 18:52:28

Mine was all that (minus the balaclava) at one point it still wasn't enough.

TheHammaconda Thu 13-Mar-14 19:18:12

What are the new rape laws? Can you link to them?

OP, IIRC rape requires penile penetration. So in the scenario you outlined the male may be accused of rape. Women can sexually assault men but not rape them.

Rape is sex without the freedom and/or capacity to consent. Being drunk doesn't always render you incapable of giving consent.

starshaker Thu 13-Mar-14 20:21:42

I can't find anything. Just heard it on the radio.
I'm going to trial next month. Maybe all this awareness will help get justice.

TheHammaconda Thu 13-Mar-14 20:39:33

Good luck Starshaker. I hope you get justice.

OlympiaFox Sun 16-Mar-14 22:20:54

You can't consent to anything while drunk.

So everyone whose ever had sex with a drunk person is a rapist then? Everyone whose ever had sex while drunk a rape victim? That would make about 90-95% of the population both rapist and victim and they never even knew ithmm

There's a huge difference between a rapist taking advantage of someone who is barely concious and one horny drunk person having sex with another horny drunk person.

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