Why don't they call it something like "involuntary rape" with the same punishment as plain ole rape.
I have never understood or agreed with diminished capacity (self imposed) such as drunk or drugged as a mitigating excuse for any wrong deed unless you can prove it was an unforeseen medical reaction from a prescription medication that could not be foreseen ( not driving on oxy or the like even prescribed).
I think if you do a crime and you were drunk out of your mind or on drugs the crime has an increased penalty. Part of the penalty is for the crime (rape etc) and part if for knowingly giving up your self control. Addition should never, ever be able to be used as a defense in my opinion.
Regards,
Mary
Why don't they call it what it is - rape.
agree. what a bunch of bullshit.
If a person gets themselves that drunk, they're responsible for what they do when they're messed up. It's not that hard.
Last edited by rucyco2; 05-06-2011 at 01:49 PM.
I was on a grand jury in Georgia 20 years ago (damn, has it been that long?), and we were specifically told by the DA that intoxication in any form is not a defense under the law...and yes, it did come up in a number of cases we looked at. (What we did was basically hear the DA's evidence & decide if it should proceed further. No murder cases, thank God, but a couple of child & animal abuse cases which pissed us all off, and a couple that were actually pretty funny, although I'm sure the guilty parties weren't laughing at that point. Something else they told us was that ordinary people who did something really stupid would generally admit it, whereas hardcore criminals would just deny, deny, deny, which sounds about right to me.)
I'm sick of people trying to redefine rape so that the perp gets a lesser sentence, or no sentence at all. It spreads the message that women are worth less to society than men, and therefore men shouldn't be punished to the extent they deserve. Bullshit. Rape is a terrifying occurrence, whether the rapist is sober or drunk or stoned. My dad's half-brother was recovering from a stroke when he tried to rape me when I was 18. The defense would have said 'diminished responsibility' had it gone to court. But he not only knew exactly what he was doing, he admitted to me that he'd been planning it for years. I'm glad the bastard is dead. I just wish I could dig him up and kill him again.
So, yeah, things like this upset me a bit.
So if someone is too intoxicated to know what they're doing and get in a car and run over someone, then that's now going to be excusable too? People who are intoxicated already get off with a slap on the wrist. Drunk drivers, rapists, etc... NO excuse.
This is so absurd... And pisses me off.
I don't understand the drunk excuse. Even the few times I've been drunk, I knew everything that was going on.
Last edited by Flowergrrl; 05-08-2011 at 12:38 PM. Reason: add something
I had two instances where I drank when taking prescription drugs. I apparently blacked out and in both instances got into fights with people that I do not remember.
Once I found out about the interaction I quit drinking. Drinking was never a big part of my life anyway so it was pretty easy.