It's not always rape when a woman is drunk

[AB Asks]

A woman cannot claim rape just because she was drunk a judge declared yesterday. It has raised concerns over the Government's attempts to toughen up rape laws. The idea to have a 'sex breathalyser' law has been mentioned, where a woman who has drank over a certain amount is no longer able to consent to sex. This idea has been branded unrealistic. Many women can drink large amounts of alcohol and still be able to consent to sexual intercourse. What do you think? Are men being set up to fail if they ever have a one night stand with a drunken lady? Or is the sex breathalyser idea a good one?

[Supernick]

Is there a link anywhere? I'd be interested to see exactly how a 'breathalyser' might work, when I doubt may rapes are reported immediately after they have happened.

[jedimistress]

Can you clarify what do you mean by "men being set up to fail"? Thanks.

[Supernick]

jedimistress - I cringed at that sentence as well!. I'll assume it just doesn't read very well, rather than the implications that the governenment is just out to ruin lads fun with drunk girls...

[Gromit]

The Court of Appeal yesterday freed Benjamin Bree 25, who has spent 5 months in prison.

http://www.telegraph.co.uk/news/main.jhtml?xml =/news/2007/03/27/nrape27.xml

Yesterdays ruling stated
"Where the complainant has voluntarily consumed even substantial quantities of alcohol, but nevertheless remains capable of choosing whether or not to have intercourse, and in drink agrees to do so, this would not be rape." The judges concluded that there was a clear definition of consent.

Seems clear enough to me, no need for the rather strange breathalyser idea.

[jake-the-peg]

I wonder if I could claim that I was drunk when I lost all my money in a casino and get all my cash back?

[Oneeyedvic]

Sorry, but you can hardly get into a car after drinking and when stopped by police state "Sorry officer, I was too drunk to think through any implication, and too drunk to consent to driving".

Sorry not particularly sympathetic in these cases - if you get very drunk then you have to take the consequences of your actions.

I should point out that this is in relation to "too drunk to give consent" NOT in any way shape or form any other type of rape (eg walking through a park after a night out and being raped by a stranger)

[ICEMANSAV]

What about if a very drunk lady walks through the park and gets attacked then? Is that acceptable as she was drunk?

[Gromit]

ICEMANSAV

Oneeyedvic said he was unsympathetic to drunken behaviour and NOT in any way shape or form any other type of rape, so clearly raping or attacking anybody who is drunk would not be consenting and would not be acceptable.

[Joe_the_Lion]

I think the current rape laws are more than adequate but it is the drink laws that need to be tightened up.

It is an offence to serve a drunk. Therefore if a drunk woman gets raped, then the landlord should be convicted of aiding and abetting the offence!!!

But regarding sex-breathalysers (called a blow job, when I was at school), if a woman consents to that, she is more than capable of forming an opinion on consent!!! Ridiculous idea.

Finally, interesting you only mention women. Men can be raped aswell!!! (not by woman though)

[Oneeyedvic]

"It is an offence to serve a drunk. Therefore if a drunk woman gets raped, then the landlord should be convicted of aiding and abetting the offence!!!"

Unfortunately, there is no sensible way of trying to work out in the cause of a 30 second order for drinks how drunk someone is and, more importantly, who that person is buying a drink for and if that person is drunk.

I don't think the onus should be put on either bar staff or landlords - people have to take personal responsibility.

You don't sue a car manufacturer for people driving irresponsibly - you shouldn't blame a pub for people getting drunk.

[Joe_the_Lion]

That is why I said at the start the drink laws should be tightened up!!!!

Drink causes more deaths a year than terrorist activity in the UK has killed EVER. Yet, look how much we spend on that!!. Don't get me wrong terrorists should be killed and buried in pigskins, but the law needs to be tightened.

Drink is a major causation for rape. Right or wrong, it is a fact.

The victim and the offender are both affected by drink. The "Hollywood rape" is thankfully rare, most are domestic related or date rapes. Drink plays a massive part.

[jake-the-peg]

Drink plays a large part in the majority of violent assaults not just rape.

And quite probably in the majority if inane posts too judging from Scuzzballs efforts above

[Gromit]

I love it when the intellectually challenged lay their prejudices out for the world to see. What a sharp,insightful and eloquently posed answer scuzzball - and so late on a Tuesday evening. Or have you been up all day honing your clearly already very sharp mind?

[scuzzball]

Nice one gromit - you have mastered the search engine!