Is having sex with a drunk person rape?

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Proof please

While impaired, one might consent to coitus with someone with whom one might not otherwise consent when sober.

If one is slightly impaired, then the level of regret would be slight since the deviation as compared to what one would otherwise not consent to would be slight. If one is seriously impaired, then one is incapable of consent.

Moderate to significant impairment of one's faculties with alcohol (and/or pot in some states) is not only legal, it is seen as a rite of passage for teens and young adults in many areas. If one is raped when going through a rite of passage that the majority of people safely go through, and is doing so in a manner that is not unusual, then it is probably not the fault of the experience but of some external factor (like a rapist). If you look at the the issue as 'being drunk while female carries the risk of rape,' you reduce the rapist to an inanimate sort of 'act of god,' on the same level of 'going out in the springtime without an umbrella carries the risk of getting wet.' Rapists are not natural hazards.

If gay or bisexual men committed more rape of passed-out frat boys, we wouldn't be having this conversation.

If both are 3 sheets to the wind nope theyre just acting stupid.

Actually, no, NOT legal for teens.

And certainly not a good idea for anybody.

To address the OP, it's circumstantial. There is no absolute.
2 drunk people can consent with one another.
1 person might be more drunk than the other, this would be considered taking advantage perhaps but if consent is there it isn't rape (even though it is one hell of a slimeball move)
And then the case where someone says no or is unable to say yes or no (that would be considered rape).

It basically boils down to whether 1 or more people do not consent to it or are too intoxicated to give verbal consent (or worse, unconscious).

It's really all circumstantial. If you're sober and you purposefully take advantage of an intoxicated person for sex, then that's rape. If you're drunk and you hook up with someone else who's drunk out of poor/impaired judgement, I would argue that in most cases, it's not. If you're sober OR drunk, and you have sex with someone that's passed out or asleep, then that's most definitely rape.

Is having sex with a drunk person rape?

Hmmmmmm. It didn't feel like rape.

I'll ask my wife. Oh wait...........

I have been staying away from this cause I hate rape and it makes me sad.

I do feel worried about it though, say a woman is drunk and starts sex with a guy, is that rape?
Though I know in reality if she claims its rape then its likely to be seen as such by the law. for this reason and the fact I want love sex with in a relationship, I fear having sex with women.

I was at a friends house where everyone was drinking and this lady kept trying to sit on me and get me to touch her breasts. It was very uncomfortable, then my friend and other went to go walk and leave me alone with her, so as they were leaving she went to the bathroom. I used this time to go hide in another room and she thought I went too. I was super afraid to fall to sleep though and have her rape me :S

if a drunk woman has sex with a unwilling guy is that rape?

If anyone has sex with anyone that is unwilling that is rape. That is the definition of rape.

That is why alcohol can be a problem. It can incapacitate someone to the point that they don't know what is going on around them or so they can't resist when they don't really want to have sex.

Getting a bit tipsy and making a bad choice that you regret later isn't rape. Getting really drunk and being so mentally and/or physically impaired that you can't resist or express your lack of consent when someone tries to have sex with you is rape.

Sometimes it can be hard to tell how impaired someone is if they aren't falling down or close to passing out. I had a friend who was drinking and took a pill and I later found out that she had a blackout during that even though to me she was acting the same as always.