Kennethor: That's not entirely true, courts often free a man if both were too drunk to remember anything. But there is still another thing, how can anyone know if he was to drunk to know what he was doing and who knows if she said no earlier or during sex?
If he drove the car he would be the one who got the punishment, he is the one driving while drunk. Same with sex, he is the one putting his penis inside of her. If she is the one forcing him to have sex with her and he is unconsious, he is the victim. But that rarely happens.
And how can anyone know if she intoxicated him on purpose to have sex with him and then bring him to court? And if they were both drunk and had sex with consent, but that she decided afterwards that it was rape because she regretted the act?
To my mind, each of these cases scenarios have to be considered, regardless of the gender, the age, the race, the height, the weight or whatever.
Innocent until proven guilty, and NOT the reverse, because being male does not equal being the sexual offender in our times. Women, like men are humans, and therefore are subjects to sexual desires. And some people, regardless of their gender, will act badly to fullfill theses desires.
Another thing overviewed is that rapes accusations can also be used as weapons. It destroys lives morally and socially.
But attention, I'm not saying that all rapes are some sort of false accusations made up by vindicative women. Rape is a crime that should be harshly punished, since it is litterally devastating the victim physically, morally and socially. But we should see this crime as a double sided coin, and not with a pseudo-feminist skewed view "you are certainly the agressor, because penis".
And that's why the "97% of non jailed male rapists" stat bothers me. Why are these 97% all considered rapists? We should jail all men ever accused of rape just because someone said so? In these 97%, there will be rapists and people falsely accused of rapes, so just lock them all down? That just sounds horrifying.
Here again, innocent until proven guilty. This is not the perfect idealistic solution but this is how justice should work, to me. Or else every vindicative person could freely imprison aother person for no apparent reason.