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Thread: Can an intoxicated man claim rape the same way an intoxicated woman can?

  1. #1
    JustWonderingWh is offline Junior Member
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    Can an intoxicated man claim rape the same way an intoxicated woman can?

    Lets say for example, a married man made a mistake of having sexual intercourse with a woman while he was intoxicated. This is something he wouldn't do while sober. The woman wasn't intoxicated and took advantage of the man while he was drunk. He did give her verbal consent to have sex with him. But you can't legally consent sex while intoxicated, right? The next he doesn't remember what happened. He finds out he had sex with a woman that wasn't his wife. If he wants to press charges for rape, can he do that?

    I know if the shoe is on the other foot, and an intoxicated married woman wants to claim she was raped EVEN IF SHE VERBALLY CONSENTED, she can press rape charges. Can a man who was intoxicated do the same thing?

    P.S. I live in Florida.
  2. #2
    RRevak is offline Senior Member
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    Quote Originally Posted by JustWonderingWh View Post
    Lets say for example, a married man made a mistake of having sexual intercourse with a woman while he was intoxicated. This is something he wouldn't do while sober. The woman wasn't intoxicated and took advantage of the man while he was drunk. He did give her verbal consent to have sex with him. But you can't legally consent sex while intoxicated, right? The next he doesn't remember what happened. He finds out he had sex with a woman that wasn't his wife. If he wants to press charges for rape, can he do that?

    I know if the shoe is on the other foot, and an intoxicated married woman wants to claim she was raped EVEN IF SHE VERBALLY CONSENTED, she can press rape charges. Can a man who was intoxicated do the same thing?

    P.S. I live in Florida.
    While I never condone the idea of rape, and take such a thing very seriously, this person needs to be aware that false accusations of rape are a crime. It also runs the risk of potentially ruining someone elses life because he made an extramarital mistake. Is covering his affair really worth that? And if he has no memory then how does he know he verbally consented? Seems to me that this man cheated on his wife and now wants to use the legal system to cover his behind. If he genuinely feels violated (and i'm going to lean towards feeling more guilty than violated but whatever) then he can find the nearest law enforcement officer and file a report. Will anything come of it? Who knows. But just know that if it turns out the whole act was consensual, and this man cried rape falsely, this man could find himself in a whole heap of legal hot water. Think carefully on this one.
  3. #3
    TheGeekess is offline Senior Member
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    Quote Originally Posted by JustWonderingWh View Post
    Lets say for example, a married man made a mistake of having sexual intercourse with a woman while he was intoxicated. This is something he wouldn't do while sober. The woman wasn't intoxicated and took advantage of the man while he was drunk. He did give her verbal consent to have sex with him. But you can't legally consent sex while intoxicated, right? The next he doesn't remember what happened. He finds out he had sex with a woman that wasn't his wife. If he wants to press charges for rape, can he do that?

    I know if the shoe is on the other foot, and an intoxicated married woman wants to claim she was raped EVEN IF SHE VERBALLY CONSENTED, she can press rape charges. Can a man who was intoxicated do the same thing?

    P.S. I live in Florida.
    Neither the man nor the woman who is allegedly raped can press rape charges-all they could do is report the alleged rape to the appropriate LE department. "Pressing charges" is up to the DA.
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  4. #4
    debtcollector` is offline Senior Member
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    Quote Originally Posted by JustWonderingWh View Post
    Lets say for example, a married man made a mistake of having sexual intercourse with a woman while he was intoxicated. This is something he wouldn't do while sober. The woman wasn't intoxicated and took advantage of the man while he was drunk. He did give her verbal consent to have sex with him. But you can't legally consent sex while intoxicated, right? The next he doesn't remember what happened. He finds out he had sex with a woman that wasn't his wife. If he wants to press charges for rape, can he do that?

    I know if the shoe is on the other foot, and an intoxicated married woman wants to claim she was raped EVEN IF SHE VERBALLY CONSENTED, she can press rape charges. Can a man who was intoxicated do the same thing?

    P.S. I live in Florida.
    Wow. I don't know if this is a trolling attempt - if so, bravo. Great bait.

    If not, you need think about what you are asking and how. Rape isn't a joke; it isn't a weapon; it isn't a way to get out of cheating on your wife. Perhaps you should drink less and love your wife more.

    DC
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  5. #5
    JustWonderingWh is offline Junior Member
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    No, no, no. It's a very serious question. I'll rephrase it.

    The same way a woman who was intoxicated, gave verbal consent to a guy to have sex with her, regrets it the next day, and wants to file a police report, which will very likely have the guy a arrested, I was wondering if a man in a similar scenario, which I described in my first post, can do the same thing that would lead to an arrest?
  6. #6
    JustWonderingWh is offline Junior Member
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    Quote Originally Posted by RRevak View Post
    While I never condone the idea of rape, and take such a thing very seriously, this person needs to be aware that false accusations of rape are a crime. It also runs the risk of potentially ruining someone elses life because he made an extramarital mistake. Is covering his affair really worth that? And if he has no memory then how does he know he verbally consented? Seems to me that this man cheated on his wife and now wants to use the legal system to cover his behind. If he genuinely feels violated (and i'm going to lean towards feeling more guilty than violated but whatever) then he can find the nearest law enforcement officer and file a report. Will anything come of it? Who knows. But just know that if it turns out the whole act was consensual, and this man cried rape falsely, this man could find himself in a whole heap of legal hot water. Think carefully on this one.
    It's true a person can't legally give consent while intoxicated though, right?
  7. #7
    LdiJ is offline Senior Member
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    Quote Originally Posted by JustWonderingWh View Post
    No, no, no. It's a very serious question. I'll rephrase it.

    The same way a woman who was intoxicated, gave verbal consent to a guy to have sex with her, regrets it the next day, and wants to file a police report, which will very likely have the guy a arrested, I was wondering if a man in a similar scenario, which I described in my first post, can do the same thing that would lead to an arrest?
    A woman who gets drunk, gives verbal consent, and regrets it the next day is no more likely to get a rape accusation taken seriously by the police than a man would. What makes you think that a woman could get away with that?
  8. #8
    swalsh411 is offline Senior Member
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    Quote Originally Posted by JustWonderingWh View Post
    It's true a person can't legally give consent while intoxicated though, right?
    Depends on the type of consent. Voluntary intoxication generally cannot be used as a reason to rescind a contract.
  9. #9
    OHRoadwarrior is offline Senior Member
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    You would have greater success suing the member who participated in the rape against your will.
  10. #10
    quincy is offline Senior Member
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    Quote Originally Posted by JustWonderingWh View Post
    Lets say for example, a married man made a mistake of having sexual intercourse with a woman while he was intoxicated. This is something he wouldn't do while sober. The woman wasn't intoxicated and took advantage of the man while he was drunk. He did give her verbal consent to have sex with him. But you can't legally consent sex while intoxicated, right? The next he doesn't remember what happened. He finds out he had sex with a woman that wasn't his wife. If he wants to press charges for rape, can he do that?

    I know if the shoe is on the other foot, and an intoxicated married woman wants to claim she was raped EVEN IF SHE VERBALLY CONSENTED, she can press rape charges. Can a man who was intoxicated do the same thing?

    P.S. I live in Florida.
    For Florida rape laws, you can click on the following link: http://statelaws.findlaw.com/florida...rape-laws.html

    It is possible for a man to be raped by a woman but most cases that are successfully prosecuted involve those of an older woman having sex with a minor boy. When two inebriated adults have sex, it is harder to prove rape - whether it is the female who claims it or the male. If the person claiming rape has a medical examination within a short period of time after the alleged rape, there could be supporting evidence, however, and if a date rape drug were involved, this can be shown with a medical examination, as well.

    It may be of interest to you to know that, should a child result from the female rape of the male, the male can be ordered to pay child support.
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  11. #11
    I'mTheFather is offline Senior Member
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    Quote Originally Posted by OHRoadwarrior View Post
    You would have greater success suing the member who participated in the rape against your will.
    LOL, good one!
  12. #12
    Proserpina is offline Senior Member
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    Quote Originally Posted by quincy View Post
    For Florida rape laws, you can click on the following link: http://statelaws.findlaw.com/florida...rape-laws.html

    It is possible for a man to be raped by a woman but most cases that are successfully prosecuted involve those of an older woman having sex with a minor boy. When two inebriated adults have sex, it is harder to prove rape - whether it is the female who claims it or the male. If the person claiming rape has a medical examination within a short period of time after the alleged rape, there could be supporting evidence, however, and if a date rape drug were involved, this can be shown with a medical examination, as well.

    It may be of interest to you to know that, should a child result from the female rape of the male, the male can be ordered to pay child support.


    While it is legally accurate, I'm not sure the rape victim would actually be compelled to pay child support.

    Perhaps giving full custody to him would be more appropriate (assuming he's not our own favourite Floridian-based sign-spinner ) and having the rapist pay child support would be the best option.
  13. #13
    quincy is offline Senior Member
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    Quote Originally Posted by Proserpina View Post
    While it is legally accurate, I'm not sure the rape victim would actually be compelled to pay child support.

    Perhaps giving full custody to him would be more appropriate (assuming he's not our own favourite Floridian-based sign-spinner ) and having the rapist pay child support would be the best option.
    The State of Michigan ordered a Florida man (Kris Bucher) to pay child support after paternity was established, even though Bucher claimed he was raped by his former girlfriend (Jessica Fuller).

    I am sure this is not all that common, though - for all sorts of reasons.
  14. #14
    Proserpina is offline Senior Member
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    Quote Originally Posted by quincy View Post
    The State of Michigan ordered a Florida man (Kris Bucher) to pay child support after paternity was established, even though Bucher claimed he was raped by his former girlfriend (Jessica Fuller).

    I am sure this is not all that common, though - for all sorts of reasons.

    In the Bucher case there was no conviction though. Had Fuller been found guilty, the outcome may well have been quite different.
  15. #15
    quincy is offline Senior Member
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    Quote Originally Posted by Proserpina View Post
    In the Bucher case there was no conviction though. Had Fuller been found guilty, the outcome may well have been quite different.
    Ah. That makes sense.

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