Binge-drink women may lose right to claim rape

bayprairie's picture
words by bayprairie posted November 28, 2005 - 2:13am

Here's an International News story from the Times of London, guanteed to offend.

Binge-drink women may lose right to claim rape

WOMEN who are raped while drunk face losing the chance to bring their attackers to justice after a legal ruling on the eve of new licensing laws.

A High Court judge yesterday threw out the case of a student who claimed that she was raped while drunk and unconscious on the basis that 'drunken consent is still consent'?.

The judgment came hours before the sweeping relaxation of Britain licensing laws which introduces 24-hour drinking in pubs for the first time.

The change prompted police and doctors to warn that Britain was facing an explosion of binge drinking.

The prosecution in the rape case had said it could not go on after the woman admitted that she could not remember whether she gave consent or not or whether sex had taken place. The jury at Swansea Crown Court was told: 'Drunken consent is still consent.'?

The judge agreed, instructing the jury to return a verdict of not guilty 'even if you don t agree'?.

I would hope that this is overturned on appeal. And I cannot imagine how this might become precedent. It equates unconsiousness with consent. I really don't buy it at all and include it more as a curiosity related to what (I'm guessing is) a chuckleheaded ruling.

I will tell you one thing though. If laws like this become commonplace.

The good Lord help the man I find passed out drunk in the hallway. We'll explore equal equality under the law.


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Comment by boudicca posted November 28, 2005 - 4:51pm

This ties right into the Amnesty survey on violence towards women:

A new ICM opinion poll commissioned by Amnesty International indicates that a third (34%) of people in the UK believe that a woman is partially or totally responsible for being raped if she has behaved in a flirtatious manner.

The poll, '

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Comment by Stephanie posted November 29, 2005 - 3:31am

"The good Lord help the man I find passed out drunk in the hallway. We'll explore equal equality under the law."

Hehe.

I agree, this ruling is bullshit and I hope they overturn it. I don't know how the judicial system works there but how can the judge instruct the jury to return a not guilty verdict? And even if they don't agree? Very confused.

They've basically given men the right to rape a woman who has been drinking. Offensive.

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Comment by boudicca posted November 29, 2005 - 2:03pm

This is doing the rounds of my daughter's friend's livejournal blogs just now; I have followed links backwards, but haven't found who wrote it.However, it does say to pass it on so I don't think copyright is an issue here:

A lot has been said about how to prevent rape.
Women should learn self-defense. Women should lock themselves in their houses after dark. Women shouldn't have long hair and women shouldn't wear short skirts. Women shouldn't leave drinks unattended. Fuck, they shouldn't dare to get drunk at all.

instead of that bullshit, how about:

if a woman is drunk, don't rape her.
if a woman is walking alone at night, don't rape her.
if a women is drugged and unconscious, don't rape her.
if a woman is wearing a short skirt, don't rape her.
if a woman is jogging in a park at 5 am, don't rape her.
if a woman looks like your ex-girlfriend you're still hung up on, don't rape her.
if a woman is asleep in her bed, don't rape her.
if a woman is asleep in your bed, don't rape her.
if a woman is doing her laundry, don't rape her.
if a woman is in a coma, don't rape her.
if a woman changes her mind in the middle of or about a particular activity, don't rape her.
if a woman has repeatedly refused a certain activity, don't rape her.

if a woman is not yet a woman, but a child, don't rape her.
if your girlfriend or wife is not in the mood, don't rape her.
if your step-daughter is watching tv, don't rape her.
if you break into a house and find a woman there, don't rape her.
if your friend thinks it's okay to rape someone, tell him it's not, and that he's not your friend.

if your "friend" tells you he raped someone, report him to the police.
if your frat-brother or another guy at the party tells you there's an unconscious woman upstairs and it's your turn, don't rape her, call the police and tell the guy he's a rapist.

tell your sons, god-sons, nephews, grandsons, sons of friends it's not okay to rape someone.

don't tell your women friends how to be safe and avoid rape.
don't imply that she could have avoided it if she'd only done/not done x.
don't imply that it's in any way her fault.
don't let silence imply agreement when someone tells you he "got some" with the drunk girl.
don't perpetuate a culture that tells you that you have no control over or responsibility for your actions. You can, too, help yourself.

If you agree, repost it. It's that important.

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artemisia's picture
Comment by artemisia posted November 30, 2005 - 12:37am

i hope you cross post it everywhere!


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