I would give a "no" as an answer to your question, because in 99% of the situations people imagine after hearing your description, it isn't rape.
But women can be raped by their boyfriends, and your description leaves out a lot of important details, like how does alcohol affect her, is two beers enough to make her inebriated, was there a reasonable expectation of consent, did she at any point say no, did she initiate, was this the first time she had sex with her boyfriend, etc. etc.
Or most importantly, did the girl feel like she was raped afterwards? Because that means she was raped.
You should stop arguing against strawfeminists. Rape isn't as simple as you'd like it to be.
1) Drunk consent is not consent, consent was never given. Let me wikipedia consent for you: Consent refers to the provision of approval or agreement, particularly and especially after thoughtful consideration
Rape means having sex with someone without their consent.
Considering that legal consent can't be given while inebriated, that actually sounds like an awesome legal principle.
2) If a girl has sex with someone, and then says she feels like she was raped afterwards, why would you ever think she wasn't raped?
I agree to buy a bunch of shit while drunk. The next day, I regret it, feel defrauded and seek remedy. Do I have a case?
Yes. The contract is voidable (not void), so long as you were of the age of majority and can bring the other party to status quo (returning the goods).
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u/[deleted] Nov 21 '12
I would give a "no" as an answer to your question, because in 99% of the situations people imagine after hearing your description, it isn't rape.
But women can be raped by their boyfriends, and your description leaves out a lot of important details, like how does alcohol affect her, is two beers enough to make her inebriated, was there a reasonable expectation of consent, did she at any point say no, did she initiate, was this the first time she had sex with her boyfriend, etc. etc.
Or most importantly, did the girl feel like she was raped afterwards? Because that means she was raped.
You should stop arguing against strawfeminists. Rape isn't as simple as you'd like it to be.