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Originally Posted by dksuddeth
theres a real easy and simple way to avoid the he said/she said guessing game of intoxicated rape.......ready for this?
DONT GET DRUNK!!!!!!
problem solved.
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Nice use of sarcasm. Meanwhile, back in the real world, Jack and Jill order yet another whiskey sour.
People will smoke cigarettes, do drugs, and/or drink themselves blind, when they choose to do so. These people will also have to face the consequences of their actions. In regards to sex while intoxicated, I don't think any clear line between actual consent and "false consent" / rape will ever be drawn. Our innocent-until-proven-guilty legal system puts the weight on the prosecution and the victim who's doing the accusing. Some people might argue that this isn't fair to the victim, who supposedly has gone through considerable trauma, but an assault and battery victim might be just as shaken.
Do many rapists manage to get away with their crime because of lack of evidence or victims backing out? Probably. But innocent guys that are set up by a girl usually don't end up in jail, either. However, simply being ACCUSED of rape doesn't look good for an innocent guy. Unless there is blatant evidence piled up on his side (such as witnesses), then he's likely to be looked at quite differently even after being acquitted.
Bottom line, rape is a heinous crime that isn't as easy to prosecute as murder, robbery, etc. This is really unfortunate, and something many rapists likely take advantage of. However, other than increased support for the victim before and after the trial, as was mentioned in some posts above, I really don't see how the system could be effectively changed.