It really depends on how drunk you actually were at the time, and that’s what makes cases like this so difficult. Generally speaking, simply being drunk isn’t enough.
Hell, even being blackout drunk isn’t enough. Because you can be blacked out without being passed out; Blackout drunk simply means your brain isn’t recording things to your memory, so you won’t remember it after you sober up. Contrary to popular belief, alcohol doesn’t make you forget existing memories. It just makes it so you don’t ever commit things to memory in the first place. That’s what happens when you’re blackout drunk.
In order to be incapable of consenting, you need to be so drunk that you can’t comprehend what is happening. Because informed consent requires two things: Information anbout what is happening, and enthusiasm. You can have both, even while blackout drunk. Because you forgetting your enthusiasm the next morning doesn’t automatically make it rape. After all, you were informed and enthusiastic when it was happening, so you consented. If you were capable of understanding what was happening and were enthusiastic, it’s not legally considered rape.
And that’s a surprisingly high threshold to beat. You usually need to prove to the courts that you were basically passed out (and therefore unable to be informed about what was happening) before they’ll consider it rape.
Even if people would colloquially consider drunk sex rape, that’s not typically how the courts view it. And that’s a large part of why so many accused rapists get off without a guilty verdict; The victim basically has to prove that they were missing either information or enthusiasm to overcome the accused’s “they consented to it” defense. And if the victim was blacked out and doesn’t even remember the evening, that becomes extremely difficult to do without outside witnesses corroborating that the victim was passed out and/or combative.
And hell, in cases like the Brock Turner one, even when the victim proves that she was passed out, the rapist can still get away with just a slap on the wrist.
Because of the fallout about this the entire ruling was made public. It’s clear that the wording used everywhere is rage bait.
Again I think he should not have gotten the sentence suspended but it’s not like the judges said it got suspended because he’s such a bright boy…
I just want to make sure that’s the rapist Brock Turner you’re talking about and not some other Brock Turner.
I only know of one Brock Turner, and he definitely raped a woman, but the judge let him off easy because he has affluenze.
The judge decided that a punishment might jeopardize the rich kid’s future, and cited that he hadn’t been brought up to realize the consequences of his actions. To my naive understanding that seems like a really teachable moment.
By the way, in case anyone wasn’t sure: Brock Turner, the convicted rapist, raped a woman and got away with it because his parents are rich.
Rapist Brock Turner, aka rapist Allen Turner, who got a 6-month slap-on-the-wrist sentence for what his father called (and I quote) “twenty minutes of action”? That rapist Brock Allen Turner? The one who only served 3 months?!
Yeah, Brock aka Allen Turner! The rapist who barely got inconvenienced after he raped a woman who was passed out. The one who had two guys testify against him because they interrupted him in the middle of raping someone.
It really depends on how drunk you actually were at the time, and that’s what makes cases like this so difficult. Generally speaking, simply being drunk isn’t enough.
Hell, even being blackout drunk isn’t enough. Because you can be blacked out without being passed out; Blackout drunk simply means your brain isn’t recording things to your memory, so you won’t remember it after you sober up. Contrary to popular belief, alcohol doesn’t make you forget existing memories. It just makes it so you don’t ever commit things to memory in the first place. That’s what happens when you’re blackout drunk.
In order to be incapable of consenting, you need to be so drunk that you can’t comprehend what is happening. Because informed consent requires two things: Information anbout what is happening, and enthusiasm. You can have both, even while blackout drunk. Because you forgetting your enthusiasm the next morning doesn’t automatically make it rape. After all, you were informed and enthusiastic when it was happening, so you consented. If you were capable of understanding what was happening and were enthusiastic, it’s not legally considered rape.
And that’s a surprisingly high threshold to beat. You usually need to prove to the courts that you were basically passed out (and therefore unable to be informed about what was happening) before they’ll consider it rape.
Even if people would colloquially consider drunk sex rape, that’s not typically how the courts view it. And that’s a large part of why so many accused rapists get off without a guilty verdict; The victim basically has to prove that they were missing either information or enthusiasm to overcome the accused’s “they consented to it” defense. And if the victim was blacked out and doesn’t even remember the evening, that becomes extremely difficult to do without outside witnesses corroborating that the victim was passed out and/or combative.
And hell, in cases like the Brock Turner one, even when the victim proves that she was passed out, the rapist can still get away with just a slap on the wrist.
You can’t legally consent to things if you aren’t of sound mind and body.
A lot of the commenters here can’t legally consent to anything, then
He can get away with it when he’s “Upstanding Citizen From An Impeccable Family, And This Would Ruin His Future.”
In other words, a rich male white kid. Whose daddy plays golf with the attorneys, and judge.
Because of the fallout about this the entire ruling was made public. It’s clear that the wording used everywhere is rage bait. Again I think he should not have gotten the sentence suspended but it’s not like the judges said it got suspended because he’s such a bright boy…
Brock Turner?
You mean convicted rapist Brock Turner?
I just want to make sure that’s the rapist Brock Turner you’re talking about and not some other Brock Turner.
I only know of one Brock Turner, and he definitely raped a woman, but the judge let him off easy because he has affluenze.
The judge decided that a punishment might jeopardize the rich kid’s future, and cited that he hadn’t been brought up to realize the consequences of his actions. To my naive understanding that seems like a really teachable moment.
By the way, in case anyone wasn’t sure: Brock Turner, the convicted rapist, raped a woman and got away with it because his parents are rich.
How dare you besmirch Brock Turner.
The convicted rapist FORMERLY known as Brock Turner is now known as Allen Turner!
Get it right!
/SARCASM
Fuck that guy. I hope it follows him the rest of his life.
Thank for making sure we all remember Brock Turner that changed his name to Allen Turner is a rapist!
Rapist Brock Turner, aka rapist Allen Turner, who got a 6-month slap-on-the-wrist sentence for what his father called (and I quote) “twenty minutes of action”? That rapist Brock Allen Turner? The one who only served 3 months?!
“Hell, your Honor, he had whiskey dick! It took 13 minutes to get it up! How much damage could he have done!”
Disgusting.
I wonder if he would have felt the same if a bunch of Frat Bros had cornholed his son in a “Hazing Ritual.”
Yeah, Brock aka Allen Turner! The rapist who barely got inconvenienced after he raped a woman who was passed out. The one who had two guys testify against him because they interrupted him in the middle of raping someone.
That rapist Brock Turner.
Now known as Allen Turner. The Rapist.