Man arrested over sexual assault of drunk woman

That’s going to be difficult to prove rapewhen she agreed to go with the man to his apartment.

Ozaki emerged as a suspect after an analysis of surveillance camera footage showed him trying to pick up two other women in the same passageway.

You can deny all you want but your habits will betray you.

She willingly went into his apartment and engaged in consensual sex acts. Then wakes up and regrets the whole thing and cries rape.

She’s just as guilty as him

You can't consent if intoxicated.

@Bugle Boy of Company B

That’s going to be difficult to prove rapewhen she agreed to go with the man to his apartment.

Under Japanese law, it will be almost impossible. This part of the reason why laws should be changed. How can an intoxicated person prove they resisted with every ounce of their being?

VinceBlack:

She willingly went into his apartment and engaged in consensual sex acts. Then wakes up and regrets the whole thing and cries rape.

Exactly, that is what the description portraits. Rape is a serious crime, but if you stretch the definition this far, it is insult to real rape victims. Clearly she was not too drunk to communicate and to walk. Impaired judgement? Sure, but that happens every night in drinking spots all over the country, without people running to the police.

has partially denied the charge, Fuji TV reported.

How does one partially deny a charge? He either sexually assaulted her or didn't assault her. Guilty or not guilty. Or guilty with mitigating circumstances, I guess.

You cannot consent if you are intoxicated??? Well I most certainly can.

But thats not the point. If he secually assaulted her, he should be jailed

He got confused with the free getaway excuse of "I was drunk, I don't remember"

He thought it was: "SHE was drunk, she can't remember"

The question should be: did she say "yes" at any time

It's the difference between an opt-in vs. an opt-out system

I'd be interested to hear what JTs many, many women posters and readers have to say about this.

She’s just as guilty as him

No, she's not. Victim blaming, again?

Being drunk, or wearing sexy clothing, or even being a sex worker are not excuses for some men to assault women.

@lostrune2

The question should be: did she say "yes" at any time

A drunk ‘yes’ is not consent. It’s not consent for the same reason a ten-year-old saying ‘yes’ is not consent: The law does (and should) recognize that there are situations where a person is not in a frame of mind to make informed, reasoned decisions. A child can not consent to sex because we recognize that a child is not mature enough to make such a decision. A drunk person cannot consent time sex because their decision-making is impaired and their inhibitions are lowered.

It's the difference between an opt-in vs. an opt-out system

Remember, we recognize that sometimes, people cannot opt out. A woman who has been roofied cannot opt out, but we still consider it rape because her ability to opt out was impaired. Alcohol does the same thing.

Intoxicated consent is not consent, regardless of whether the intoxicant is MDMA or alcohol. Intoxicated consent is not consent, regardless of whether they willing became intoxicated.

If a woman is too drunk to know what she is doing, it's rape boys. I'd argue that goes the other way as well.

Whether it can be criminally prosecuted under the law - well that's another question. But nevertheless it's rape. If you've taken a girl home who didn't know what she was doing, and had sex with her, you my not-friend, are a rapist.

Hard truths are hard.

And anyone has the right to revoke consent at any time. If she says yes at first, and halfway through, decides she’s uncomfortable, what do you do? If your answer is anything other than ‘stop immediately’, it’s sexual assault.

She was drunk, he was drunk.

Are they both drunk or just the woman?

It's the difference between an opt-in vs. an opt-out system

Remember, we recognize that sometimes, people cannot opt out.

That's why it should be an opt-in system

@lostrune2

I agree it should be opt-in or what is called 'positive consent'. I believe Sweden has a system like that, where only a definite 'yes' is consent, not simply the lack of a 'no'. I know that idea gets some bloomers in a bunch with some less-than-secure men, but in the end, it's better for everyone.

Pure malicious intent.

 The consent card should not have power when the victim is in a compromised state.

“The woman was not that drunk, as I recall, and I didn’t force her to engage in any sexual acts.”

Still doesn't make it ok! Unless she knew and agreed to what the plans were once they got back to his apartment, its all cool. But it still makes him a predator rapist.

&ReynardFox:

A drunk ‘yes’ is not consent

So, all drunken sex is criminal??