Is this considered rape?
Both parties are drunk and have intercourse.
Next day or few days, one files charges of rape against the other.
Will the jury or judge buy that?
Both did not have the ability to say yes or no in the right state of mind.
Answers:
It shouldn't go to trial. I am assuming there are no witnesses so it would be a 'he said, she said', but you never know what an over zealous prosecutor might do.
Consult a lawyer.
If they are both intoxicated, and both consent at the time, then neither can be considered to have raped. Both would have to be legally not able to make an decision. So you can't just have one drink and get out of it.
not rape
consensual but stupid
All of it would have to be proven.
I don't believe any testimonies can be made in court on the basis of being intoxicated during the time of the crime.
no, it's not rape. they both chose to have intercourse that night, whether they were impaired or not. one just had remorse after sobering up. I know of a case here recently where both parties were drunk and had concentual sex. then the girl got remorse because she cheated on her boyfriend and didn't want him to know she cheated so she claimed rape. not cool! that could ruin someone's life for the wrong reason.
The drink heavily defense is shaky at best especially if sex was forced.
Consult an attorney.
I think it is consider raped. If one is drunk and that person still said no, then the other partner should have stopped.
I was pretty drunk once as well as some other people. I told him no and to stop. He knew I didn't want it. I was just too weak to push him off.
no because they were both intoxicated and they both decided to have sex so i don't think they'll be a case.
WELLL now is both parties of legal age to be drinking in the 1st place? If he is of age and she is not then the parents of the underage could press charges against the one who is, but then he could also be charged with given to the diligent minor and so on. Even if the tables were turned, but I don't think many young boy(men) would say very much if he was to have sex. Now his folks might but not so much him unless he is tilted to the side a little. But that is my opinion. Best speak with a lawery.
This is a very gray area, it could go just about any direction, depends on a lot of factors. Was ether party under age? A large age difference? Many things to consider here.
Witnesses will be the key to the case if this goes into court for hearing. Can anyone collaborate on the intoxicated state of both individuals? There are different levels of intoxication and the only way to know is through testimony.
(Sorry I'm not a legal adviser, best to seek assistance from one.)
A judge usually throws out a rape charge if both parties are drunk. For example.Kobe Bryant.
It's rape when one party says no or isn't able to convey the refusal due to drugging. Either way, as long as the one stating rape isn't under age, it's unlikely that the DA's office would even take a case that weak, without serious evidence supporting it. If it went to trial, juries and judges are hard pressed to buy any rape cases involving adults, and alcohol, and rape without serious proof.
If the woman presses charges, the jury will believe her. It's rare, but men can almost never get away with bringing rape charges against women unless it was truly forced on them.
If both were drunk, how do you know that you had sex ?
if being drunk or unable to consent, then this never counts as a counsensual sex.
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