Is it rape if you're both wasted?

I have a friend who was at a party and got wasted when she was 15, the man who raped her was 20 and also wasted. She took him to court and he was found guilty of statutory rape. Like any rape, there are usually details that decipher whether or not something is rape. If she says no, or I guess if he says no, then its rape, if she's too drunk to even say no or yes, then he shouldn't be having sex with her anyway. If she doesn't want to do it and he's pulling the clothes off of her but shes too far gone to do much about it, its rape.

That is why there is a law about being wasted in public. Each person is responsible to drink wisely, or there are consequences for behavior. No matter what excuses that you might have to ignore the law, it's still known ahead of time, sober, that what you do could land you in trouble. So, trying to tell a story of being ignorant of this fact doesn't fly!

Legally yes, you both didn't have the capacity to give consent.

You're wrong about men though, you can say you were taken advantage of, and the police will take your statement. The reason a lot of men don't, is because of peer-pressure, most men fear what their buddies would say if they'd do that.

here's what they're going by: if a guy is drunk then he is unable to do the act. If a girl is drunk then she can get taken advantage of. so prior to the weird ways people have sex, it was always that a man could not get raped, but we know now that that can occur.

I'd suppose if it were a gay situation or in a jail or prison then sure a guy could get raped. But I think your question is more about a male/female connection. If you didn't know you were taking advantage of her because you were drunk then you'd get charged for just touching her because you couldn't do the deed, that is unless you used a foreign object. See in today's society people are supposed to be responsible for themself and not to get drunk. Drunks end up in jail (for doing all kinds of things like driving, fighting, not listening to a cop, abusing their wife, and visa versa).

So you should have watched your intake and not get inibriated. The female on the other hand was supposed to continue to say no, kick and scream until you stopped. People know when they get drunk they weaken themselves and get into trouble, so don't get drunk in the presence of others. Get drunk only at home and by yourself.

It "could be" rape if you talked her into drinking then took advantage of her or gave her drugs or put a drug in her drink for the purpose of taking advantage of her.

Men can say both of those things. That's why there's a trial.

Technically both should be considered to have statutorily raped each other, but courts will usually hold the man responsible.

The really sick part is that even though a sober woman taking advantage of a very drunk male would arguably be considered statutory rape, if she gets pregnant she can sue him for child support.

Yes but its a bit more complicated. You may still have forced yourself on the other person but its basically temporary insanity since you weren't in your right mind at the time.

Kind of like what if someone gave you a drug that made you act like a wild man and you attacked others. You did attack them but it wasn't your fault.

You can. If you're more drunk than she is, you're the one that was taken advantage of. And if you were equally drunk, then you're both just equally stupid and should drink less.

Yeah there's a lot of double standards nowadays

Well, this was my point yesterday in one set of question. Drinking in excess causes unwise decisions. Let's say it. Don't drink to excess. Both genders.