It would be nice if there was, but it is a miniscule risk, legally. What should concern a guy is whether his own conscience is going to bother him, since the court system won't. Some dudes just want to get their dicks wet at all costs, some actually like treating women like human beings.
Drunk consent isn't legal consent. Drunk sex could be a lot of things.
i think you guys are hanging up over the difference between "legally wrong" and "morally wrong"
drunk sex is legally wrong (and therefore rape), morally ambiguous (and therefore sometimes still okay). Kinda like statutory rape, which can be applied to an 18 year old having sex with his 17 year old girlfriend. Legally wrong, morally A-OK.
So trying to read up on this, and it looks like not all drunk sex is rape according to the law.
The fbi has a definition for rape but it is for statistical purposes.
Their definition is that
1. The person was incapacitated (aka blacked out drunk).
or
2. The person was forced/coerced into having alcohol for the purpose of having sex with them.
Huge fucking difference from drunk people can't consent to sex. And I hate you archi until you show me a law that says otherwise.
How drunk is too drunk is definitely a grey area, there's no disputing that.
Atleast the "all drunk sex is rape" bullshit is squashed finally, only took 5 pages.
It says incapacitated, which legally means "lacking mental capacity".
Definition: sufficient understanding and memory to comprehend in a general way the situation in which one finds oneself and the nature, purpose, and consequence of any act or transaction into which one proposes to enter.
Basically, still a grey area.
I would like the legal eagles in this thread to point me to a SINGLE instance where a woman convinced a guy to have sex who was too drunk to consent "legally", and it resulted in her being convicted as a rapist.
Oh, and I am very much looking forward to the people who are going to state that women cannot rape.
to be fair, up until 2013 that fbi definition was worded to be acts against women. So you would be hard to find any legal cases yet. But I don't think anyone is denying it can happen.
but again, the fbi definition is not a law. It is a guideline for statistical data when gathering information about rape. You would have to look at each state's wording.
are there any laws or is legal action taken against people who falsify a rape? Like in Belraggas situation.