That’s fundamentally the same question. The “Wouldn’t have wanted to” is implied in the first sentence. What other effect could alcohol have?
I would agree you can be a major creep for taking advantage of the sitution, but you can be a major creep for taking advantage of a lot of situations. If you sleep with someone who’s married to someone else but they’re upset at their spouse and vulnerable, that makes you a creep. It’s not rape, though.
I should also note that penetrative intercourse isn’t the only way a person can be sexually assaulted. Many sexual assaults of boys, for example, are perpetrated by women (usually relatives), and as I understand it they don’t typically involve getting the boy to penetrate the woman.
As for this whole issue, there’s a problem of definition, namely that a lot of groups with a “pro-survivor” philosophy, as it’s called, basically call a sexual encounter rape or sexual assault if the survivor believes that he or she was violated, no matter what the circumstances may be. Now obviously this is inadequate for legal purposes, but that’s not really the point, as these groups mainly aim to support the survivor rather than go after the perpetrator; and a person who feels that he or she has been raped is going to need support whether or not something legally actionable took place.
Matt, you are absolutely right and I should have included that in my answer.
msmith, you may not. I’m willing to be it’s been said somehow, somewhere, though. Or, worse, the guy had internalized that attitude and thought he was supposed to be enjoying being taken advantage of when he wasn’t.
Well, if the reason he’s got an erection is because he’s being strangled ( as mentioned above ), he’s not likely to be saying much of anything, is he ?
I’m assuming that “Well, she was too drunk to say no, your honor!” is not a defense.
On quick look, I think the wording of the question needs to match the wording of the WI law quoted.
Power over another is usually force if one is made to do something against one’s will. The problem with drugs, of course, is that one’s will changes…although, as noted, perhaps it’s an intentional change. The definition of impairment seems to be the issue here. When are you so impaired that consent is not possible even if you engage in behaviors “normally” taken to be giving consent? And when does the other party “know it”?
Factual question for lawyers: are many date rapes with alchohol prosecuted successfully? What about with GHB? With evidence, if non-consensual statements (witness heard victim say no, etc.) or evidence that victim was passed out are not found, do the causes hinge on? Signs of physical battery? What if lacking that?