Both men and women are drunk and have sex. In this case, will the man constitute rape?

Subjectively, the man intentionally commits rape, and by deliberately persuading the woman to drink a lot or drink a lot, the woman does not know how to resist when she is drunk, thus having sex with her, which constitutes the crime of rape. If the man has no intention to rape subjectively, and the two men are drinking together, there is no intention to get the woman drunk during the period, but in a drunken state, the two sides have sex after drinking, and the man does not constitute rape.

If both parties are unconscious, it cannot constitute rape. If both parties were unconscious at that time, and the man did not coerce and threaten the woman, it would not constitute rape. In this case, even if the woman feels painful, she can't sue the man for "rape". But if it is promiscuity after drinking, no one will go against anyone's wishes under the action of alcohol. The woman can't provide whether she resisted in this process, and she can't prove whether the man forced sexual relations with herself when she obviously didn't want to, so she can't define that the man "raped" herself.

The definition of rape is that the man can only be convicted of rape if he is coerced, forced or goes against the will of the woman. If these behaviors do not exist, it is very difficult for the man to commit rape. Especially like men and women, or in a drunken state, have sex. Most people acquiesce in a one-night stand when they are drunk.

In a word, drunken promiscuity can't constitute the crime of rape if there is no compulsion. However, if drinking is designed and forced by the man, deliberately taking advantage of the woman's drunkenness and taking the opportunity to have sex with the other party, it constitutes the crime of rape.

When this happens, both families will definitely have problems. The original happy family and happy life will come to an abrupt end because of such a thing as drinking. It's really not worth it. As adults, we must be responsible for what we have done.