Have I Been Raped?
I see a lot of rape cases where the young woman believes she was raped. But she may only remember bits of the event because she was drinking heavily. Sometimes she believes her drink may have been doctored or spiked.
Here’s the problem. Most people don’t know about alcoholic blackouts. You drink heavily, party hardy, and while no one can tell you’re in a blackout, all that means is you simply don’t remember everything that happened the next morning.
A person watching you might think you were having a great time, or even drinking too much, but does that mean you didn’t have the capacity to consent, or that you simply don’t remember that you gave consent? There’s a world of difference between these two, one involves criminal behavior and one may not. But it may be charged as rape because the woman doesn’t believe she would have behaved that way and since she doesn’t remember the consent part, she believes she was raped.
I successfully defended a perfectly nice young man who was in this situation. Had he been convicted, he would have spent 15 years in prison…as a rapist. Hard time. Since the jury believed the perfectly nice woman simply didn’t remember giving consent, he now has a successful career. But she may never be sure, because she was drinking so much. A bad place to be.
Alcoholic blackout is not the same as being passed out. But the effect on the brain is similar, or the effect on the memory seems to be the same.
Being raped is a horrible thing. A woman should never put herself in the position where she is raped because of her drinking, or thinks she was because she doesn’t remember. Both are terrible and can leave the woman feeling victimized and humiliated.
The effect of these laws which charge the guy for rape in these situations means guys now seem to be responsible for women’s drinking. A women should always be responsible for her own drinking. Whether it means she always has someone with her when she drinks, or never leaves a drink unattended, this is the new challenge for drinking women, and men. A word to the wise.
Courtsey of Kay Sunday – San Diego Felony Law Firms
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