Is intoxicated sex not consensual sex? It is clear that most people would quickly respond with various signs of affirmation which all center around the statement: “of course, intoxicated sex is not consensual sex.” This is the reigning viewpoint among many ethicists, who take up a huge percentage of our society, who argue that alcohol use impairs a person’s judgment. Because of this, the decisions one makes while intoxicated are decisions that have not been adequately contemplated. Consequently when a person agrees to engage in sexual intercourse while under the influence of alcohol, one is unable to give full consent to such a big decision. These same ethicists argue that full consent is necessary in order for sexual intercourse to not be categorized as nonconsensual. . Most people use this ethical viewpoint as the basis for condemning all forms of intoxicated sex. This is where controversy arises. While some believe that sexual activity under the influence of alcohol is considered rape, it in fact is not in certain cases because by one consuming alcohol, they are agreeing to everything that comes with it, whether that may be good or bad; therefore some cases involving this situation should not be categorized as rape.
According to the United States Department of Justice, “nonconsensual sex is rape”(United States), which means that there is no nationally accepted definition for rape. However, the US military has an official definition that coincides with many Americans viewpoint: by one or both parties being under the influence of a drug, intoxicant, or other similar substance and thereby substantially impairing the ability of that other person to appraise or control conduct. (United States)
Recently however, law interpreters h...
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It is also not new to slip something into somebody's drink to incapacitate her. In the mid-1990s law enforcement agencies began to see a pattern of women having been surreptitiously drugged for the purpose of sexual assault and rape, particularly through the use of date rape drugs: odorless, tasteless incapacitating drugs that may produce anterograde amnesia. The female victim, typically enjoying an alcoholic drink in a relaxed environment, would find herself suddenly losing awareness of her surroundings. When she regained consciousness, hours later, she was often in a different location, with signs that she had been sexually interfered with, such as missing or disarranged clothing, bruises, the presence of semen, or vaginal or anal soreness. She felt after-effects of substance use such as wooziness, weakness or confusion, but she may had little or no memory of what had happened to her (Dr.Min Zhou).”
“College life is an important social domain that provides lifelong experiences and memories for millions of students each year. As these results show, part of this experience involves college women experiencing forcible rape and/or alcohol-or-drug-induced rape” (Fisher, Daigle, & Cullen, 2010, p. 83).
Although high-risk drinkers are a minority in all ethnic groups, their behavior is far from a harmless “rite of passage.” In fact, drinking has pervasive consequences that compel our attention. The most serious consequence of high-risk college drinking is death. The U.S. Department of Education has evidence that at least 84 college students have died since 1996 because of alcohol poisoning or related injury—and they believe the actual total is higher because of incomplete reporting. When alcohol-related traffic crashes and off-campus injuries are taken into consideration, it is estimated that over 1,400 college students die each year from alcohol-related unintentional injuries. Additionally, over 500,000 full-time students sustain nonfatal unintentional injuries, and 600,000 are hit or assaulted by another student who has been drinking. Administrators are well aware of the burden alcohol presents to the campus environment. In addition, the 1997, 1999, and 2001 Harvard surveys found that the majority of students living in dorms and Greek residences, who do not drink excessively, still experience day-to-day problems as a result of other students’ misuse of alcohol. The prevalence of these “secondhand effects” varies across ...
The book: Crash Into Me By Liz Seccuro examines the themes of Sexual Assault(Pg. 49), Lack of Institutional Support(Pg. 68), and Alcoholism(Pg. 17). Alcoholism in the college culture is a conspicuous recurring element that plays a major role in the rape that occurs in the second chapter. Some of the major causes of alcoholism in college are; availability of alcohol(Pg. 44), social pressure(Pg. 46), and genetic susceptibility to alcohol. In Seccuro’s Crash Into Me, on page 44, it states “We all approached one of the many kegs and Jim poured a beer for each of us into those large, red plastic cups that are still a fixture at college parties today” (Seccuro 44). This gives a clear statement about how easy the alcohol is accessed for everyone at the party, even for an under-aged drinker. Seccuro also addresses the point of social pressure on page 46, “I was anxious to get home. But I didn’t want to seem like a loser, either. I figured one more drink couldn’t hurt” (Seccuro 46). This gives a glimpse of what kind of social pressure a lot of college students feel when they are at parties where rape and other occurrences happen. In a study done in 2015 by the National Council on Alcoholism and Drug Dependence(NCADD); the institute implores; “Researchers have identified numerous genes as affecting risk for dependence on alcohol and drugs” (NCADD 2015).
The use of alcohol by adolescents is widely viewed as disobedience in American society. Although, alcohol use is technically illegal until the age of twenty-one (in 19 states the consumption of alcohol in not specifically illegal for people under the age of twenty-one), there is still an excessive use of dinking in teenagers today. Since alcohol is associated with all three leading causes of death among teens, it can also have less life-altering consequences such as a drop in academic performances and a decline of friend and family relationships. Also, mental disorders like anxiety, depression and behavioral issues as in loss of temper, an argumentative personality, being easily angered, and blaming others for mistakes. Alcohol is the most commonly abused drug in teenagers and society contributes to abuse by linking drinking to sophistication and good times. (“Alcohol Abuse and Youth” 1)
The highest cause of sexual assault on college campus is alcohol use. Alcohol decreases a person’s ability to fight off an attack. It also can make the attacker more aggressive and unable to clearly interpret the victims’ interest in them sexually (“Alcohol Use”). In the research article Alcohol Use Increases the Risk of Sexual Assault, “A study of sexual assault victims – half of whom were college students – found that women who were drinking when an assault took place reported that their intoxication made them take risks they would normally avo...
...sequently arrested and charged with unlawful sex .At the trial, the judge was disparaging of the girl’s position, describing her as ‘a willing participant’ at 12 years of age, ignoring the fact that if the defendant had committed the offence after May 2003 when the new Sexual Offences Act came into force, he would be liable for an immediate charge of raping a child under 13.The defendant was given a two-year conditional discharge, was made to sign the Sex Offenders Register and escaped prison. This case study is evidential that young girls are much more aware of their sexuality and their consent. Many young girls participate in weekend socialising, drinking and using drugs with men, who consequently believe these girls are at the legal age of consenting in both sexual intercourse and drinking alcohol, only when do these young girls go too far is when rape is cried.
One article that covers the results of a national survey states that ¡§Adolescents¡¦ levels of alcohol and drug use have been found to be strongly associated with peers¡¦ use. However, other studies have shown that a student¡¦s drinking was more strongly influenced by how much he or she thought close friends drank than by perceptions of the extent of use by students in general¡¨(Results 2). This is a statement that I can agree with because growing up I have watched many young people become greatly influenced by their friends. Now a days the phrase ¡§peer pressure¡¨ concentrates on pressure from a direct group of friends rather than a students peers as a whole. Another reason the article gives for the cause of Binge Drinking is that ¡§Students who perceive that more drinking occurs than actually does provide themselves with an excuse for drinking more because ¡¥everyone is doing it¡¦¡¨ (Results 2). Everyone knows that most youngsters want what every other kid has, this idea relates in the...
Sexual assault has been an issue this country and almost every other has faced for decades. Since the 1700s, the term date rape has been around to distinguish between rape by a stranger and rape by an acquaintance. Alcohol and drugs are commonly used in date rapes to make the victim incapacitated and therefore an easier target. There are many drugs out there that are usedto commit date rapes. Three of the most known are roofies, GHB, and ketamine. The refusaland dismissive response to “no” is what has lead to the problem the nation faces of date rape.
Lynch, Michael W. “Enforcing ‘Statutory Rape ‘?.” Public Interest 132 (1998): 3. Points of View
Messman-Moore, L. T, Ward, M. R., & DeNArd, A. K. (2013). The impact of sexual alcohol expectancies and risky behavior on alcohol-involved rape among college women. Violence against women, 19(4), 449.
Statutory rape laws are valuable in protecting the rights of minors. Possibly, if the laws were revamped to suit the changing attitudes’ of modern society, the law would be more effective. In place of worrying about the misinterpreted claims of statutory rape, prosecutors can focus on the more crucial cases. With more defined modern guidelines, society would be aware of the laws regarding statutory rape and some more pleased. Statutory rape laws are no longer used to prohibit teenagers from having sex. Instead, the regulations are to make certain that the teenagers who are having sexual intercourse are not unknowingly being emotionally forced into it by their significantly older partner’s power. Ideally, statutory rape laws can only improved the lives of teenagers.
Roth, Norah M. "It's Not Rape-Rape: Statutory Rape Classification Under The Armed Career 00000 Criminal Act." St. John's Law Review 85.4 (2011): 1653-1680. Academic Search Complete. 00000 Web. 13 Nov. 2013.
As a result of underage drinking, 5,000 adolescents under the age of 21 die annually due to intoxication (taking motor vehicle crashes, homicides, suicides, and other injuries while intoxicated into consideration) (paragraph 2). Later in life, underage drinkers are more likely to develop alcoholism, poor performance in school, and risky sexual behavior (paragraph 43). Although this research is not opposed to my argument, there is an importance to acknowledging it as proof of dangerous, underage drinking occurring significantly regardless of whether it is illegal. More importantly, this research stems from adolescents drinking without the supervision of adults and in uncontrolled quantities. Since adolescents must wait a long period of time to drink legally, I believe they fear they must take advantage of drinking opportunities by excess drinking and risk of safety due to their restriction to alcohol. Based on this mindset, I believe exposure to alcohol at a younger age in controlled environments would not only decrease underage drinking in large quantities, but injury and death related to intoxication, as
Victims who were under the influence may feel as though their report won’t be validated since they chose to go out and chose to get drunk. Judge Lindsay Kushner made the claim that, “yes, you can drink yourself daft and you can use your body how you want, but if you do you are more likely to get raped.” But what must be noted is that the victim did not choose to get raped and the intent of rape ultimately lies with the perpetrator. This point of view emphasizes the traditional ideology of gender roles in sexual assault cases when women are the