Quote:
Originally Posted by SayWord
I have a friend who has encountered a very odd situation. Partner A = Male Partner B = Female
Partner A has never been around the influence of drugs his entire life except one short occasion. He is essentially ignorant to how high one can be with the use of marijuana.
Partner B has recently eaten a couple small brownies mixed with marijuana. Partner A asks Partner B after awhile if they would like to have sex. Partner B accepts.
Partner A does not know how "high" Partner B is and they sex.
I'm wondering if this situation would be rape, or how can you define this situation? Partner A has no idea how high she was and did not know that she was so high that she unknowingly accepted sex.
In all honesty, I know both Partners really well. And Partner A would not knowingly commit the act of rape if he had known that she was "high". But I'm having a hard time trying to categorize this sort of situation.
What are your opinions? From what I looked up on the internet, there are situations where there is drug related rape incidents. But those only relate to incidents where one partner purposely drugs the other and knowingly knows that the other cannot resist...
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Legally speaking ignorance of the law is no excuse to break the law, but that is irrelevant here. To commit a crime, on must be in what is called a "Criminal State of Mind", as in, they have the intent to commit a felonious action. He intended to have sex with her, not to have sex with her while she was easy/high. Because of that, he is not guilty of rape, but
could be sued it Civil court for emotional damages.
That is the law in the United States, I am not sure about other countries.