Texas statutes and sexual abuse

Discussion in 'West Mall' started by huisache, Nov 29, 2017.

  1. huisache

    huisache 2,500+ Posts

    we don't have rape laws here anymore, we have sexual assault (SA from here on) and the laws don't actually differentiate between the sexes much.

    So consider this hypothetical(s): woman invites man to a party and they both drink a bunch and go back to man's apartment and have sex. Later, she decides it was SA because she was too drunk to consent. She had ten beers over two hours say. But what if he had ten beers over two hours? Did she SA him, since he lacked the capacity to consent, as she did? In such a circumstance are they both guilty of SA?

    Most of us are familiar with the situation when a guy has sex with a woman who is out of it because of alcohol and that seems to qualify as SA. But if both are? How about if she had 6 beers and he had ten? Who SA who?

    I recall incidents from college life several decades ago when women friends would get absolutely plastered and go out and pick up/get picked up by relatively sober guys and have sex with them. Who was the predator? If a woman intentionally gets plastered with the intent of then getting sex, did she not consent in advance while sober?
     
  2. mchammer

    mchammer 10,000+ Posts

    Better yet, what about women who purposely trap men by getting them drunk and having sex with them (often in the hopes of using this as leverage to encourage a relationship)?
     
  3. ShAArk92

    ShAArk92 1,000+ Posts

    Can I be the master of the obvious???

    Don't get drunk.
     
    • Like Like x 1
  4. Phil Elliott

    Phil Elliott 2,500+ Posts

    The way these things usually fall in your scenario is that the man can be guilty of SA but not the woman.
     
  5. Mr. Deez

    Mr. Deez Beer Prophet

    Don't get too drunk.

    FIFY
     
  6. ShAArk92

    ShAArk92 1,000+ Posts

    ... a smaller SA charge is OK.

    FIFY
     
  7. Crockett

    Crockett 5,000+ Posts

    From some experience as a reporter and a empaneled member of a grand jury, it's pretty tough to get a conviction on a sex assault if the victim was sloppy drunk and thus unable to testify credibly... unless there were witnesses or a perp dumb enough to take photos and video. One positive I've seen is that if someone is sloppy drunk, people are a lot more willing to intervene to protect those folks ... whether preventing them from driving or by telling a sexual predator they will call the cops.
     
  8. ProdigalHorn

    ProdigalHorn 10,000+ Posts

    Yeah those aren't really questions we're supposed to be asking...
     

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