Morbid Gnome
Keltoi Samurai
Morbid Gnome
Valiant Corvus
Saless
No, the woman is not at fault at all in that situation. Were her choices poor? Perhaps. But that's irrelevant. It's still the guy that's making the decision to rape. He's at fault, no one else.
Should she not take responsibility for her poor decisions then? Should the guy be at fault if she gave her consent and came to regret it later?
That sounds like a very dangerous precedence you're setting there.
You can't consent when you're intoxicated.
Unless you're a man, in which case there's irrevocable assumed consent.
Pretty sure that's not how the law reads and not how consent works.
And yet it is the way the public (juries also being made up of the public) seem to view it.
Read the comments in this thread and virtually every other thread on this topic and what you consistently see is a presumption along the lines of the guy took advantage of a drunk girl.
It completely ignores the reality that if you go into a bar or club you can easily find both guys and girls partying and looking for a "date". Not all people of course but there is a lot of that. I've known women who went out clubbing specifically to pick up guys. Quite often both people hooking up are drunk. Both people enjoy having sex together. But only the person with a v****a is allowed to later change their mind and say, "But I was drunk so it was rape".
Now I'm not talking about blatant cases like the recent Vanderbilt trial where the girl was passed out. Stuff like that is horrible and those guys deserve prison. But when you start using "drunk = no consent" as a blanket thing the defining line becomes much more gray. Plenty of people who are legally drunk engage in sex. The majority of the time it is considered mutual and everyone moves ono. But when there are later regrets the overwhelming viewpoint is that the man was just in it for selfish pleasure and was taking advantage and the woman was an innocent victim. Both sexes make decisions when drunk and sometimes those are not the best decisions. The "no consent cuz drunk" thing should not be the one way street is typically viewed as.
Personally I will not touch a woman who has been drinking or smoking something or whatever - unless there is already an established consensual relationship and I know the chemical has no bearing on their decision to want sex. But I've also never been the kind of person to go out "clubbing" or into one night stands. For those who are, the law should not be skewed in favor of the female as it is now. The man is considered responsible for decisions he makes when out drinking. But if you dare mention the woman should also be considered responsible for decisions she makes then out come accusations of "rape supporter" and crap like that. I don't support rape but I do support all human beings being held accountable for their actions.
Ideally these laws would only be used for severe cases like the Vanderbilt situation but it seems to be being applied to other stuff where the woman was active. (sorry I don't have a link to the story I'm thinking about). I know a woman who would black out when drunk. She was not only active she was very aggressively sexual. In one situation she was 86'd from a bar even though she "didn't do anything" and wanted me to go talk to the manager for her. I did, and the barmaid that was serving her. She got kicked out for getting too sexual on the dance floor and at her table. Then after she left the building she had sex with two guys at the same time in the front seat of the car - parked right outside the windows of the bar where other patrons could see and were complaining about it. The bar called the cops but by the time they arrived they had left (driving drunk by the way). All three of them were drunk and she was very much actively participating in the sexual acts - giving a blow job to one guy while she got it doggy style from the other guy. I've seen her blacked out enough times back then to know the guys had no idea she was blacked out. She could walk and talk and participate same as if she wasn't. But in the current popular views of "drunk = no consent" she was "raped" even though the guys were drunk too and they surely had no idea she was that far drunk.
(Side note - not that situation but I have also seen her claim "I was raped" when she got drunk and did s**t where she was caught and felt embarrassed about. Never to the point of trial - just slander to try to make herself look better to her friends and family. In one case it actually did involve the cops but there were enough witnesses and such to prove the story she was telling was BS.)
Popular opinion, and likely the court, would probably never consider the reverse opinion - that the men in that bar scene story were victimized because they were drunk and she was the one who got them drunk and took advantage of them to satisfy her "itch". And if you can not visualize the men as rape victims in that scenario it kind of makes my point about assuming the men are always consenting.