Is it rape if consent is not possible?

In the following scenarios (as much as they may disgust you and me)

a) someone manipulates another that suffers from mental conditions that render consent inapplicable, i.e, someone manipulates another into sex because the other does not understand what is happening

Is it rape?

b) bestiality. consent is irrelevant as the partner is not human.

Is it rape?

c) manipulating one who is intoxicated into sexual intercourse

Is it rape?

edit: morally speaking, not legalities

 

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a) yes very much so

b) no, its a compleatly different law though morally you could argue its rape

c) YES again very much so

 

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Asguard I am speaking of the ethics and morals of it, not legally but thanks

 

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Rape is an unlawful act. Raising questions about rape is necessarily raising questions about legal ramifications.

 

James R in the cases consent is not possible, it's N/A. It's irrelevant.

 

Looking for better odds

I would think it obvious: They're trying to improve their chances.

 

If the person could previously give consent and you're acting in good faith. Say you're taking care of a spouse who has a degenerative disease. You're still going to love that person and wish to continue a sex life with them. Maybe they can no longer tell you, "Yes, let's do it," but I see nothing wrong with this as long as you're both getting mutual pleasure, although the idea to have sex may not really ever be initiated by them in a way a lot of people would agree upon. You still have to be as considerate and attentive, maybe moreso at this stage.

If you just want to bag a vegetable because the person has readily accessible holes, that's not excusable. Taking advantage of a mentally handicapped person who cannot consent is rape if they're not your previously consenting sexual partner.

Rape. Never could consent.

Rape.

Oh, I was grouching until I read this.

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Hahahaha.

 

I suspect some people here will disagree with me, but I would not consider it to be rape to have sex with an intoxicated-but-consenting person. So long as they are aware of what's going on and consent, it's not rape, even if they are drunk.

If the person is passed out or otherwise so intoxicated that they don't know what's going on, then yes.

 

i am not so sure about that. you cannot sign a contract, you cannot drive a car etc...i dont even think you can get a tattoo but you have the presence of mind, while intoxicated, to have sex with a stranger?

 

I think this question becomes interesting when you consider how dumb some adult women are, especially those regularly "consenting" to sex on a weekend. Can they really consent? I'm certain actual tests could confirm they are less capable of making rational decisions than plenty of under-age or grossly intoxicated people. If you scratch under the surface most "hook-ups" that occur involve a woman being "tricked" into consenting to sex by a crafty gentlemen, in much the same way as a child or retard might be.

 

what a load of crap

 

Ok, have you ever had sex asguard? Yeah? Well who in their right mind would wish to knowingly recreate an organism in your likeness? Think about that seriously for one moment, even you have to admit someone intentionally encouraging your dna to prosper through them is an absurd notion, it's just absolutely ludicrous, no one could possibly wish that on the human species, let alone themselves as females who only get so many chances to reproduce.
Something somewhere along the way has confused them and tripped them up into making the mistake of accepting your grotesque erect penis, despite the flagrant cues permeating from it's scent glands that say "stop! no! wrong way, go back!" etc, the odd white trash piglet has slipped up due to her own inadequacies as a woman and relaxed her vaginal muscles, maybe even after having your scaley greasy lips touch hers, clearly her ability to genuinely "consent" is malfunctioning. By law she should not be deemed to have the ability to accurately judge, much like a child, or retard.

 

So a man is smart for having a one night stand and a woman is stupid for the same?

 

It depends. If a few days later the man is happy about it and the woman is sad and regretful about it, then yes.

 

So if you're not happy that you had a one night stand, you're stupid?

I think if you wore a condom and still got an STD from it and you're not happy about it, you're not stupid for being regretful.

 

Legally, consensual sex with an intoxicated person certainly might be considered rape. But morally, I wouldn't consider it equivalent to rape if the person is intoxicated but still aware of what's going on and what they are consenting to. It certainly might be morally shady, but I don't think it's in the same ballpark as having sex with a person who doesn't consent at all.

 

Well, I guess it would be more precise to say that you did something stupid. It might not necessarily be representative of your overall intelligence.

I would submit that engaging in risky behavior that you later regret is indeed a sign that you are stupid (or at least did something stupid). So yes, if you sleep with a stranger and catch an STD, that was stupid of you.

 

But if you don't catch one after risky behavior, you're not stupid?