Teen girl too drunk to consent to sex: Languish?

[katmai]

only one?

[Valmy]

Not true in Canada.

Woah. Crazy.

Fair enough.

My point still stands that he is a kid and I hope he was treated as one.

[viper37]

Sexual assault doesn't require the guy to be hard, of course.

Pass out drunk: wake up to find someone sucking your cock - that counts.

I heard a story about something like that happenning above a local bar I used to go to.  Guy was totally drunk, suddenly wake up with his pants down and another dude licking his butt.  Police intervened, but I do not know about the rest of the story.  It didn't reach the media for sure, and given how stuff like that spreads quickly in a small town, I guess the victim never pressed charges for fear of ridicule.

[Jacob]

Not true in Canada.

Woah. Crazy.

Fair enough.

My point still stands that he is a kid and I hope he was treated as one.

Beeb said, back in post 10, that this is likely youth court given the age of the accused and that sentences there are "wildly different" compared to adult court. So I think the answer is probably that he was treated as a kid.

[viper37]

My point still stands that he is a kid and I hope he was treated as one.

summary of what BB said: kids (under 18) are always judged as kids, but if the crime is very severe, if they are old enough, they can be given sentences for adults.  They are sent to a juvenile detention center until they turn 18, then transfered to a Federal prison.

Severe crimes: multiple murders, rape+murder of a young child, dui+dangerous driving (racing)+killing someone are likely to give the kid an adult sentencing, but for a lighter case of rape like this one, with both kids being drunk and partying, this being his first offense, I doubt he'll be branded with the Scarlet letter or the Fornicator sign on the forehead.  You're talking a 12 year old torturing, raping and killing a 4 year old, that's a different matter.

[viper37]

There's simply a disturbing feeling that the way the laws work, if 2 people get drunk and have sex, then the guy is a rapist because the girl couldn't give consent, even though the guy also couldn't legally give consent, either, so why is he a criminal and not her as well?  That doesn't appear to be the situation in this particular case, but the laws seen to allow that sort of double standard.  And I'm using (or mis-using) "the laws" to mean not so much what the various laws on the books actually say as much as how those laws are open to being mis-used by the police and prosecutors either through malice or incompetence.

Interesting story I just read.

A Tunisian male student falsely accused of raping a foreign female student.  The police never believed the man.  They never properly investigated him.  They arrested him and recommended the University to suspend him.

The guy never had sex with the girl always refused her.  He kept all his Facebook posts where she was harrassing it.  The police never wanted/bothered to check it, never believed his claim he was being set up and never slept with the girl.
His defense lawyer printed all of his Facebook messages and brought them to court.  The Crown desisted itself.

I'm totaly unsure on how he can resume a normal life after that.  Your name and your picture in the local papers with the words "rape" ?

It kind speak to the favorable prejudice women receive in these types of cases.

French link

[Josquius]

Indeed.
IIRC in the UK a woman cannot legally rape a man (assuming no tools) . Rape is still legally classified as penetration.

As to getting a hard on... In rape men get hard, women get wet... It's biology.
As any 14 year old boy will tell you sometimes the little guy just does things without their say so.

[Tamas]

I don't think there should be any doubt this particular case was rape.

I was wondering however, did the kid make a mistake not claiming he was so drunk he couldn't remember anything after?
Maybe press counter-rape charges against the girl on that basis?