Is having sex with a drunk person rape?

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How can a person coerce him or herself into anything? Maybe he or she isn't entirely of one mind about it, but that's not the same as self-coercion.

Are you showing signs of that on the outside, or not? And how is that relevant to being drunk?

Rule of thumb (and this comes from the public service announcements that were being aired several years ago, You're considered drunk (in my eyes, and the eyes of the law in quite a few states) after the first drink. Even if you have just left church or temple, if the ritual requires wine, and the local constabulary pulls you over and you blow a .01 on the breathalyzer, kiss your arse goodbye. Same logic applies with sex: You're drunk after the first drink. Even if the sex is consensual, and you're both drunk, the male should have kept his schvance in his pants, no matter what.

As I've always understood it....

1. Being drunk doesn't make it rape.

2. Having sex with someone incapacitated makes it rape.

3. There is no bright line rule for when a drunk person is incapable of granting consent for sex because of intoxication (as being drunk isn't accepted as a defense for committing a crime, it also can't be used to automatically dismiss capacity to consent).

4. Asking your date to take a breathalyzer test (no pun intended), is a mood killer.

Ultimately, my rule has always been to NOT get involved sexually with anyone who appears to have had more than a couple of drinks. As I normally don't drink myself, I don't worry about my own intoxication affecting my ability to judge the situation.

It's not that someone would walk in, protest our union and claim I raped the other person. I'd be more worried about "buyer's remorse" setting in and the other person claiming I raped them as a way to recover their dignity. I've seen cases where the woman was that psychotic that she'd risk sending an innocent person to prison to protect her public image.

If a person needs to be drunk to sleep with me, I think it's safe to say they really aren't interested in me.

what if both parties are equally excessively drunk?

Personal experience.

If both parties are equally drunk, it's about like if both parties are 14. Stupid, but not rape.

You say if you can walk than it's not rape but what if the person is so drunk they are having a hard time getting off the bed but than maybe later when they sobered up a bit can walk out or the fight flight freeze kicks in and they bolt. Also, if the guys sole purpose in getting the girl drunk or high was to have sex with her and keeps giving her stuff wouldn't that be considered rape, because he kept giving her stuff till she was at a point where he could have sex with her.

Like I know saying no is the obvious sign of rape. But what if the women can't say no, say there so much in fear that they freeze up, or they guy tricks her like asks questions in a round about way to get a yes. Especially tricky if your an aspie and they guy seems to be manipulating you so that you say yes but you don't want to. Even if you don't say no say if your drunk and the guy tells you to take off your clothes, and you don't and he takes it off for you, that would be rape right?

I guess the whole drink thing and rape is tricky, because when does it cross the line.

Say if a girl were with a guy and she wanted to get out of the sexual situation but was able to walk, say to a bathroom because getting the clothes on would take to much time and say the bathroom had no lock and the guy then came into the bathroom when she was peeing and had sex with her in the bathroom, would that be rape? I would think so because the bathroom suppose to be a private place and if your trying to go pee and a guy bursts in and then has sex with you I think that would be a little inaapropriate, especially when it's a small space and hard to get out of and the fact that the door did not have a lock on it points to the fact that probably it's like that for a reason so the guy could get in when girls were in the bathroom.

I don't know basically all these above come from personal experience and I'm having a hard time deciding what is rape and what isn't and what as just me being stupid an intoxicated. I've had guys more then once in a situation use there leg to hold me down and when I try to move they press harder, like say if we are together or if I get up to leave they try to pull me back or stop me. A lot of times in these situations the only way I find a way out is when the guy goes to the bathroom and that doesn't always work. So in that case I can walk if I can leave but I have to wait till the guy is in the bathroom because I'm scared/ he would not let me go very easily...

Here is another point of view

http://www.nytimes.com/1993/06/13/magaz ... ictim.html

Impairing one's self with drugs and alcohol also constitutes a problem. One is better off not doing that.