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12-15-2012 at 12:41 AM
k+m=surpri...
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Horribly worried...can't sleep.

Maybe I'm a terrible person for even thinking about this, but it's keeping me awake so... I'm wondering if there's any way to do a prenatal paternity test? The timing is just really worrying. My husband and I were TTC for nearly a year, then he went away one weekend to visit friends and I went to another friend's party where I had a LOT more to drink than I should have, and this one guy babysat me all night. This guy has openly admitted to having feelings for me before and even got in a fight with my husband once saying that I deserve to be with someone better. The thing is, I certainly don't remember anything happening that night, but that's also the problem. Hubby was only gone two days, and we had a LOT of sex when he got back (sorry, TMI) so there's a pretty good chance the baby is his, but I'm still worried that I might have been raped that night. Hubby's been thinking about that too, since we went so long without getting pregnant, then had that one night that I don't really remember, then a few weeks later found out I was pregnant. I'm just so worried. Hubby says he doesn't blame me and we'll go after the guy if I was raped, but we just don't want to have this baby if I was. Any thoughts?
 
12-15-2012 at 2:28 AM
StarshineR
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Do "you" not want the child to live, or is it your husband pushing for it? Males sometimes get really territorial about "their" women having another man's baby. No offense, but that is why I'm asking. I've known men like that. 

 Are you really prepared to have your child pay the price for the crimes of the father? Is that just and fair? You answer that question for yourself. Remember, that *you* were the one that called it "this baby" and "the baby". So, you have a certain moral issue you need to consider. If you already see it as a "baby", then that could be a problem with your conscience, especially after you already abort him or her. You need to consider that now before it becomes a problem for your conscience after it's too late. That baby relies on you completely, no matter who the father is. She didn't ask to be there. 

Are you sure it was rape? How do you know if you don't remember? And what if he drank a lot, too? Does it count as rape if you were both drunk out of your minds? How about if you freely consented while you were drunk? If he has feelings for you, does it really make sense that he would rape you? Is he generally a violent person? Is the person who chose him to "babysit" you trustworthy and a good judge of character? Consider the answers to these questions before jumping to conclusions. You are letting your fear take over. You don't even know whether you had sex! Also, take into account that you could be subjecting an innocent man to the social stigma of a rape accusation *if* he is not guilty of the crime. You don't remember. Always presume innocence until guilt is proven. That is the right thing and the fair thing (this is why laws in all free countries reflect that), despite his fight with your husband. The fight doesn't prove anything. I have a lot of sympathy for your situation. There is a possibility you were raped, but even if the baby turns out to be his, you just *don't know*. 

It took me and my husband a year (actually a little over that, but I just say a "year" to save from explaining the details) until I got pregnant. Sometimes, it just takes that long. You are getting worked up over a coincidence. That, coupled with your husband's lack of objectivity (-because he fought the man previously, and the man already cast himself as your husband's adversary), means to me that your fears will only be enabled. You *both* will see things out of proportion to reality. I can't tell you not to get worked up about it as I'm not in your situation, but I can tell you as an outsider that - until you have actual solid evidence otherwise - you are worrying about shadows and sprites. Don't feel bad or "judged". If I were in your shoes, I might worry, too. I just hope I can provide some perspective.

Consult a doctor. Consult a lawyer. I'm sure there are ways of handling this, but it's such a delicate matter that I don't feel like it's my place to tell you too much. According to americanpregnancy.org, the earliest prenatal testing is 9 weeks. It's non-invasive, and there is no risk of miscarriage. I think, perhaps, if nothing else, you should get one done just for piece of mind. I think the baby is probably your husband's given everything you've said. :) But piece of mind is so important, and after you find out, you'll never have to think of it again. It might be worth the money you'll have to shell out for it just for that. Consult your doctor first and foremost, though - and sooner rather than later. You might feel a little better just knowing that you have taken some form of action. 

(((please, try and get some sleep))))) And remember, that we're here for you at the first tri board. I know it's just the internet, but sometimes, it feels good just to let things off your chest.

(((big hugs))))

I hope you find out that you've been worrying for nothing. :)

Oh, and if I were you, I would not provide this other man any *clue* you are suspicious, and don't announce your pregnancy to *anyone* yet until your suspicions clear, except to people that you *absolutely* trust and can confide in as to the situation. You don't want your pregnancy traveling to that man. If that other man is a rapist, you don't know what else he is capable of, esp. if he finds out your pregnant and is already possessive of you to begin with. If he isn't guilty, you don't want to start accusing an innocent person of something like this, either.  Take care of yourself. 

 
12-15-2012 at 7:29 AM
CutieBean7...
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I am terribly suspicious of this post.

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12-15-2012 at 7:43 AM
heddy79
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My OB offers prenatal paternity tests, so it is possible.  Ask your dr.

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12-15-2012 at 8:11 AM
khays8785
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OP, I wish u the best of luck with things overall on the chance its not mud
Also on mobile so I can't quote but to the first response: "is it rape of you're both drunk out of your minds" ... ?!?! Seriously? If she wasn't of the right mind to consent to the act, then yes its rape. If HE wasn't of the right mind to consent, then its rape.
eta:If they did have sex, he must have been in a clear enough mind to undress himself, and yes, even if she was wasted and never said "dont, please stop" its considered rape because she was not of a clear enough mind to know what was going on..

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12-15-2012 at 8:21 AM
PrimRoseMa...
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Ask your OB and go from there. 

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12-15-2012 at 8:48 AM
TristansMo...
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Terribly suspicious of this post like pp and totally certain starshine is an assshole.

 
12-15-2012 at 9:23 AM
JET29
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TristansMom01:
Terribly suspicious of this post like pp and totally certain starshine is an assshole.

+ 1


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12-15-2012 at 10:14 AM
ZacksBride
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yeah, if this is a serious post, i would completely disregard everything that starshine said and ask your OB.  

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12-15-2012 at 10:33 AM
k+m=surpri...
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Definitely a serious post. We're going to ask our doctor at our next appointment in a week - it would just be nice to have some peace of mind. I'm hoping it's just a coincidence. I don't want to go around pointing fingers.
 
12-15-2012 at 11:03 AM
Qmommy
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Did you wake up naked to make you believe you had sex with him?

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12-15-2012 at 12:45 PM
notquitebl...
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StarshineR:

Do "you" not want the child to live, or is it your husband pushing for it? Males sometimes get really territorial about "their" women having another man's baby. No offense, but that is why I'm asking. I've known men like that. 

 Are you really prepared to have your child pay the price for the crimes of the father? Is that just and fair? You answer that question for yourself. Remember, that *you* were the one that called it "this baby" and "the baby". So, you have a certain moral issue you need to consider. If you already see it as a "baby", then that could be a problem with your conscience, especially after you already abort him or her. You need to consider that now before it becomes a problem for your conscience after it's too late. That baby relies on you completely, no matter who the father is. She didn't ask to be there. 

Are you sure it was rape? How do you know if you don't remember? And what if he drank a lot, too? Does it count as rape if you were both drunk out of your minds? How about if you freely consented while you were drunk? If he has feelings for you, does it really make sense that he would rape you? Is he generally a violent person? Is the person who chose him to "babysit" you trustworthy and a good judge of character? Consider the answers to these questions before jumping to conclusions. You are letting your fear take over. You don't even know whether you had sex! Also, take into account that you could be subjecting an innocent man to the social stigma of a rape accusation *if* he is not guilty of the crime. You don't remember. Always presume innocence until guilt is proven. That is the right thing and the fair thing (this is why laws in all free countries reflect that), despite his fight with your husband. The fight doesn't prove anything. I have a lot of sympathy for your situation. There is a possibility you were raped, but even if the baby turns out to be his, you just *don't know*. 

 

OMG GTFO of this post.

OP ask your doctor.

 


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12-15-2012 at 12:54 PM
Adi0524
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If this is real, speak with your OB and ignore the idiotic rantings of Starshine.

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12-15-2012 at 1:46 PM
monaclemer...
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Adi0524:
If this is real, speak with your OB and ignore the idiotic rantings of Starshine.

Exactly this


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12-15-2012 at 3:29 PM
MrsP7309
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khays8785:
OP, I wish u the best of luck with things overall on the chance its not mud Also on mobile so I can't quote but to the first response: "is it rape of you're both drunk out of your minds" ... ?!?! Seriously? If she wasn't of the right mind to consent to the act, then yes its rape. If HE wasn't of the right mind to consent, then its rape. eta:If they did have sex, he must have been in a clear enough mind to undress himself, and yes, even if she was wasted and never said "dont, please stop" its considered rape because she was not of a clear enough mind to know what was going on..

Uh... this. 




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12-15-2012 at 3:53 PM
knickerboc...
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StarshineR:
 

Are you sure it was rape? How do you know if you don't remember? And what if he drank a lot, too? Does it count as rape if you were both drunk out of your minds? How about if you freely consented while you were drunk? If he has feelings for you, does it really make sense that he would rape you? Is he generally a violent person? Is the person who chose him to "babysit" you trustworthy and a good judge of character? Consider the answers to these questions before jumping to conclusions. You are letting your fear take over. You don't even know whether you had sex! Also, take into account that you could be subjecting an innocent man to the social stigma of a rape accusation *if* he is not guilty of the crime. You don't remember. Always presume innocence until guilt is proven. That is the right thing and the fair thing (this is why laws in all free countries reflect that), despite his fight with your husband. The fight doesn't prove anything. I have a lot of sympathy for your situation. There is a possibility you were raped, but even if the baby turns out to be his, you just *don't know*.  

 This is excellent advice. I'm not sure why everyone is saying that it's not... What's wrong with taking the whole situation into account and looking at the entire picture?

Making a false rape claim could ruin this man's life. Get the facts together; is there anyone who was at the party that you can get information from? Since you don't remember, maybe they can fill in the blanks. Is it normal for you to get black out drunk, or could he have slipped something into your drink? Did anyone see him being forceful with you? What if from the information you gather, you were both equally drunk and both consensual in having sex. Does that count as rape?

What a horrible situation to be in and I wish you the best. But please please please take all accounts into consideration. 


 
12-15-2012 at 3:55 PM
highlights
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OP, you need to see your OB and day therapist. Right away.

Sunshine or whoever you are, you need to go F yourself.

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12-15-2012 at 8:31 PM
TristansMo...
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knickerbockers:
StarshineR:
&nbsp;

Are you sure it was rape? How do you know if you don't remember? And what if he drank a lot, too? Does it count as rape if you were both drunk out of your minds? How about if you freely consented while you were drunk? If he has feelings for you, does it really make sense that he would rape you? Is he generally a violent person? Is the person who chose him to "babysit" you trustworthy and a good judge of character? Consider the answers to these questions before jumping to conclusions. You are letting your fear take over. You don't even know whether you had sex! Also, take into account that you could be subjecting an innocent man to the social stigma of a rape accusation *if* he is not guilty of the crime. You don't remember. Always presume innocence until guilt is proven. That is the right thing and the fair thing (this is why laws in all free countries reflect that), despite his fight with your husband. The fight doesn't prove anything. I have a lot of sympathy for your situation. There is a possibility you were raped, but even if the baby turns out to be his, you just *don't know*. &nbsp;

&nbsp;This is excellent advice. I'm not sure why everyone is saying that it's not... What's wrong with taking the whole situation into account and looking at the entire picture?

Making a false rape claim could ruin this man's life. Get the facts together; is there anyone who was at the party that you can get information from? Since you don't remember, maybe they can fill in the blanks. Is it normal for you to get black out drunk, or could he have slipped something into your drink? Did anyone see him being forceful with you? What if from the information you gather, you were both equally drunk and both consensual in having sex. Does that count as rape?

What a horrible situation to be in and I wish you the best. But please please please take all accounts into consideration.&nbsp;


Look at the sage advice that you didn't include in your quote, that's a huge reason why everyone is calling the poster out for being a flucking idiot. As for the body of text you included, if this is in fact true, if she was not conscious of her decision it was rape. Asking a woman to second guess whether she was raped or not is horrible as many women are too afraid to come forward about such attacks anyways.
As it stands, I'm still not convinced this isn't MUD. If it isn't, I hope everything turns out ok for the OP and that she doesn't let some prolife crazy make her feel bad.

Sorry, bumping from my Iphone while nursing sucks

 
12-16-2012 at 3:42 PM
Ktbug613
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knickerbockers:
StarshineR:
&nbsp;

Are you sure it was rape? How do you know if you don't remember? And what if he drank a lot, too? Does it count as rape if you were both drunk out of your minds? How about if you freely consented while you were drunk? If he has feelings for you, does it really make sense that he would rape you? Is he generally a violent person? Is the person who chose him to "babysit" you trustworthy and a good judge of character? Consider the answers to these questions before jumping to conclusions. You are letting your fear take over. You don't even know whether you had sex! Also, take into account that you could be subjecting an innocent man to the social stigma of a rape accusation *if* he is not guilty of the crime. You don't remember. Always presume innocence until guilt is proven. That is the right thing and the fair thing (this is why laws in all free countries reflect that), despite his fight with your husband. The fight doesn't prove anything. I have a lot of sympathy for your situation. There is a possibility you were raped, but even if the baby turns out to be his, you just *don't know*. &nbsp;

&nbsp;This is excellent advice. I'm not sure why everyone is saying that it's not... What's wrong with taking the whole situation into account and looking at the entire picture?

Making a false rape claim could ruin this man's life. Get the facts together; is there anyone who was at the party that you can get information from? Since you don't remember, maybe they can fill in the blanks. Is it normal for you to get black out drunk, or could he have slipped something into your drink? Did anyone see him being forceful with you? What if from the information you gather, you were both equally drunk and both consensual in having sex. Does that count as rape?

What a horrible situation to be in and I wish you the best. But please please please take all accounts into consideration.&nbsp;



I sort of have to agree with this. As of right now op you have no proof he raped you. Even if you had sex it still doesn't mean rape. If you were both ,drunk, and you don't even remember, you don't know that you didn't consent.For all you know at this point you could have come onto him.

I'm not accusing but this sort of sounds like you did have sex with him and your worried now that your pregnant that it might not be your husbands and your afraid of getting caught what other reason do you have for thinking he raped you. Most people who finally get pregnant don't jump to the conclusion they were raped just because it took a while to get knocked up.

However if this is real I'm really sorry for your situation.

ETA apparently the bump ate my original response so i edited

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12-16-2012 at 4:15 PM
QueSyrah
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StarshineR:

Do "you" not want the child to live, or is it your husband pushing for it? Males sometimes get really territorial about "their" women having another man's baby. No offense, but that is why I'm asking. I've known men like that. 

 Are you really prepared to have your child pay the price for the crimes of the father? Is that just and fair? You answer that question for yourself. Remember, that *you* were the one that called it "this baby" and "the baby". So, you have a certain moral issue you need to consider. If you already see it as a "baby", then that could be a problem with your conscience, especially after you already abort him or her. You need to consider that now before it becomes a problem for your conscience after it's too late. That baby relies on you completely, no matter who the father is. She didn't ask to be there. 

Are you sure it was rape? How do you know if you don't remember? And what if he drank a lot, too? Does it count as rape if you were both drunk out of your minds? How about if you freely consented while you were drunk? If he has feelings for you, does it really make sense that he would rape you? Is he generally a violent person? Is the person who chose him to "babysit" you trustworthy and a good judge of character? Consider the answers to these questions before jumping to conclusions. You are letting your fear take over. You don't even know whether you had sex! Also, take into account that you could be subjecting an innocent man to the social stigma of a rape accusation *if* he is not guilty of the crime. You don't remember. Always presume innocence until guilt is proven. That is the right thing and the fair thing (this is why laws in all free countries reflect that), despite his fight with your husband. The fight doesn't prove anything. I have a lot of sympathy for your situation. There is a possibility you were raped, but even if the baby turns out to be his, you just *don't know*. 

It took me and my husband a year (actually a little over that, but I just say a "year" to save from explaining the details) until I got pregnant. Sometimes, it just takes that long. You are getting worked up over a coincidence. That, coupled with your husband's lack of objectivity (-because he fought the man previously, and the man already cast himself as your husband's adversary), means to me that your fears will only be enabled. You *both* will see things out of proportion to reality. I can't tell you not to get worked up about it as I'm not in your situation, but I can tell you as an outsider that - until you have actual solid evidence otherwise - you are worrying about shadows and sprites. Don't feel bad or "judged". If I were in your shoes, I might worry, too. I just hope I can provide some perspective.

Consult a doctor. Consult a lawyer. I'm sure there are ways of handling this, but it's such a delicate matter that I don't feel like it's my place to tell you too much. According to americanpregnancy.org, the earliest prenatal testing is 9 weeks. It's non-invasive, and there is no risk of miscarriage. I think, perhaps, if nothing else, you should get one done just for piece of mind. I think the baby is probably your husband's given everything you've said. :) But piece of mind is so important, and after you find out, you'll never have to think of it again. It might be worth the money you'll have to shell out for it just for that. Consult your doctor first and foremost, though - and sooner rather than later. You might feel a little better just knowing that you have taken some form of action. 

(((please, try and get some sleep))))) And remember, that we're here for you at the first tri board. I know it's just the internet, but sometimes, it feels good just to let things off your chest.

(((big hugs))))

I hope you find out that you've been worrying for nothing. :)

Oh, and if I were you, I would not provide this other man any *clue* you are suspicious, and don't announce your pregnancy to *anyone* yet until your suspicions clear, except to people that you *absolutely* trust and can confide in as to the situation. You don't want your pregnancy traveling to that man. If that other man is a rapist, you don't know what else he is capable of, esp. if he finds out your pregnant and is already possessive of you to begin with. If he isn't guilty, you don't want to start accusing an innocent person of something like this, either.  Take care of yourself. 

OP: don't listen to any of this.

 


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12-16-2012 at 6:04 PM
LittleMoxi...
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Hey, for all of you jerks... if she drank so much she doesn't remember then she COULD NOT CONSENT and it is AUTOMATICALLY RAPE.

I'm not saying this happened or not, but being drunk does not mean that anyone can have sex with you and it's not rape because you consented by being drunk.

JFC, I can't believe this needs to be explained. Being drunk does not mean your vagina is public property.
 
12-16-2012 at 7:34 PM
cutie42031...
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WhyTF can't you just call the guy up and ask him? This seems obvious

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12-16-2012 at 9:03 PM
Ktbug613
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LittleMoxie:
Hey, for all of you jerks... if she drank so much she doesn't remember then she COULD NOT CONSENT and it is AUTOMATICALLY RAPE.

I'm not saying this happened or not, but being drunk does not mean that anyone can have sex with you and it's not rape because you consented by being drunk.

JFC, I can't believe this needs to be explained. Being drunk does not mean your vagina is public property.
actually this only applies if she is drunk and he is not. If they were both drunk why are her actions excusable and suddenly she's a victim and his are not. She is allowed to be drunk enough to not have any self control and he's not? Not to mention why would you be getting dunk around someone who has known feelings for you while your husband is out of town? Sex oror no sex the whole scenario was inappropriate to begin with. That's not to say someone in that situation deserves to be raped. No way. I'm just not buying that's what happened. Like i said if she was so drunk who is toto say she didn't come onto him?? You can't just go around claiming rape when you don't even know.


For the record i think an amniocentesis can tell paternity but it can only be done at a certain time

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12-17-2012 at 5:11 AM
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Ktbug613:
LittleMoxie:
Hey, for all of you jerks... if she drank so much she doesn't remember then she COULD NOT CONSENT and it is AUTOMATICALLY RAPE. I'm not saying this happened or not, but being drunk does not mean that anyone can have sex with you and it's not rape because you consented by being drunk. JFC, I can't believe this needs to be explained. Being drunk does not mean your vagina is public property.
actually this only applies if she is drunk and he is not. If they were both drunk why are her actions excusable and suddenly she's a victim and his are not. She is allowed to be drunk enough to not have any self control and he's not? Not to mention why would you be getting dunk around someone who has known feelings for you while your husband is out of town? Sex oror no sex the whole scenario was inappropriate to begin with. That's not to say someone in that situation deserves to be raped. No way. I'm just not buying that's what happened. Like i said if she was so drunk who is toto say she didn't come onto him?? You can't just go around claiming rape when you don't even know. For the record i think an amniocentesis can tell paternity but it can only be done at a certain time

It is called Diminished Capacity - if she is inebriated, most states consider this DC and it falls under rape (since she was not of sound mind to make consensual decisions), although it really does change state-to-state.  The fact she doesn't remember the night before indicates she was significantly intoxicated (or drugged) and blacked out parts - legally this puts her square in the diminished capacity. 

Unfortunately, it is true that when both parties are drunk, it can be hard to prosecute rape in court, since it truly is he said, she said.  This gets even harder without a rape kit and blacking out details also can cause problems with prosecution.  That does not mean that rape/sexual assault didn't occur. 

Also - to what I bolded - you can say that 'I'm not saying they deserved to be raped' but what you said before that is, honestly, crappy.  If she was raped (and not saying she was or not) you think it is her fault for hanging out with him when she knew he liked her?  How is that NOT saying you think she was 'asking for it'/at fault?  It's incredibly sh!tty to blame someone for their (possible) sexual assault.  Would you think she was more responsible for her (possible) assault if she would have worn revealing clothes?  I mean, she knew he had feelings for her - she totally led him on then, right? //sarcasm

15 year olds come on to twenty-something men all the time.  If the men decide to have sex with the teen, it is considered (statutory) rape, because their age means they cannot consent.  Same thing here with her nearly blackout state.  If she doesn't remember what happened that night, she was in no way shape-or-form in the mental capacity to give consent.  This is the same whether he was drunk or not, as well. 



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12-17-2012 at 9:09 AM
Ktbug613
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Ktbug613 is not online. Last active: 05-25-2013, 4:55 PMSilver
bbg676:

Ktbug613:
LittleMoxie:
Hey, for all of you jerks... if she drank so much she doesn't remember then she COULD NOT CONSENT and it is AUTOMATICALLY RAPE. I'm not saying this happened or not, but being drunk does not mean that anyone can have sex with you and it's not rape because you consented by being drunk. JFC, I can't believe this needs to be explained. Being drunk does not mean your vagina is public property.
actually this only applies if she is drunk and he is not. If they were both drunk why are her actions excusable and suddenly she's a victim and his are not. She is allowed to be drunk enough to not have any self control and he's not? Not to mention why would you be getting dunk around someone who has known feelings for you while your husband is out of town? Sex oror no sex the whole scenario was inappropriate to begin with. That's not to say someone in that situation deserves to be raped. No way. I'm just not buying that's what happened. Like i said if she was so drunk who is toto say she didn't come onto him?? You can't just go around claiming rape when you don't even know. For the record i think an amniocentesis can tell paternity but it can only be done at a certain time

It is called Diminished Capacity - if she is inebriated, most states consider this DC and it falls under rape (since she was not of sound mind to make consensual decisions), although it really does change state-to-state.  The fact she doesn't remember the night before indicates she was significantly intoxicated (or drugged) and blacked out parts - legally this puts her square in the diminished capacity. 

Unfortunately, it is true that when both parties are drunk, it can be hard to prosecute rape in court, since it truly is he said, she said.  This gets even harder without a rape kit and blacking out details also can cause problems with prosecution.  That does not mean that rape/sexual assault didn't occur. 

Also - to what I bolded - you can say that 'I'm not saying they deserved to be raped' but what you said before that is, honestly, crappy.  If she was raped (and not saying she was or not) you think it is her fault for hanging out with him when she knew he liked her?  How is that NOT saying you think she was 'asking for it'/at fault?  It's incredibly sh!tty to blame someone for their (possible) sexual assault.  Would you think she was more responsible for her (possible) assault if she would have worn revealing clothes?  I mean, she knew he had feelings for her - she totally led him on then, right? //sarcasm

15 year olds come on to twenty-something men all the time.  If the men decide to have sex with the teen, it is considered (statutory) rape, because their age means they cannot consent.  Same thing here with her nearly blackout state.  If she doesn't remember what happened that night, she was in no way shape-or-form in the mental capacity to give consent.  This is the same whether he was drunk or not, as well. 


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12-17-2012 at 9:10 AM
Ktbug613
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Joined on 07-02-2012
38,766 Points
Ktbug613 is not online. Last active: 05-25-2013, 4:55 PMSilver
bbg676:

Ktbug613:
LittleMoxie:
Hey, for all of you jerks... if she drank so much she doesn't remember then she COULD NOT CONSENT and it is AUTOMATICALLY RAPE. I'm not saying this happened or not, but being drunk does not mean that anyone can have sex with you and it's not rape because you consented by being drunk. JFC, I can't believe this needs to be explained. Being drunk does not mean your vagina is public property.
actually this only applies if she is drunk and he is not. If they were both drunk why are her actions excusable and suddenly she's a victim and his are not. She is allowed to be drunk enough to not have any self control and he's not? Not to mention why would you be getting dunk around someone who has known feelings for you while your husband is out of town? Sex oror no sex the whole scenario was inappropriate to begin with. That's not to say someone in that situation deserves to be raped. No way. I'm just not buying that's what happened. Like i said if she was so drunk who is toto say she didn't come onto him?? You can't just go around claiming rape when you don't even know. For the record i think an amniocentesis can tell paternity but it can only be done at a certain time

It is called Diminished Capacity - if she is inebriated, most states consider this DC and it falls under rape (since she was not of sound mind to make consensual decisions), although it really does change state-to-state.  The fact she doesn't remember the night before indicates she was significantly intoxicated (or drugged) and blacked out parts - legally this puts her square in the diminished capacity. 

Unfortunately, it is true that when both parties are drunk, it can be hard to prosecute rape in court, since it truly is he said, she said.  This gets even harder without a rape kit and blacking out details also can cause problems with prosecution.  That does not mean that rape/sexual assault didn't occur. 

Also - to what I bolded - you can say that 'I'm not saying they deserved to be raped' but what you said before that is, honestly, crappy.  If she was raped (and not saying she was or not) you think it is her fault for hanging out with him when she knew he liked her?  How is that NOT saying you think she was 'asking for it'/at fault?  It's incredibly sh!tty to blame someone for their (possible) sexual assault.  Would you think she was more responsible for her (possible) assault if she would have worn revealing clothes?  I mean, she knew he had feelings for her - she totally led him on then, right? //sarcasm

15 year olds come on to twenty-something men all the time.  If the men decide to have sex with the teen, it is considered (statutory) rape, because their age means they cannot consent.  Same thing here with her nearly blackout state.  If she doesn't remember what happened that night, she was in no way shape-or-form in the mental capacity to give consent.  This is the same whether he was drunk or not, as well. 


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12-17-2012 at 9:18 AM
Ktbug613
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I badly worded my post, that is not AT ALL what I meant. Let me be very clear NO WOMAN EVER DESERVES TO BE RAPED. What I meant by my comment was that im not convinced rape is what happened. The fact that she was out getting drunk with a man known to have feelings for her, that her husband has fought with, while her husband is out of town is inappropriate. It def wouldn't fly in my house. The fact that she would act inappropriate to even be out with him leads me to believe that she probably did have sex with him and is now afraid the baby is not her husbands so she made up this rape/I don't remember the night story as a safety net. It just sounds fishy to me. Obviously I wasn't there so I don't really know, just giving my opinion on how the story sounds. As I said in my last post if it is real, and rape is what happened Im very sorry OP thats awful and you should try and take some action. As for the law you may be right, im not well versed in it. I do however strongly feel that its unfair. That a woman can get drunk and have sex and its fine, but a man does the same thing and its rape? Why is it okay that her decision making was incompetent, that makes her the victim, but if his decision making is incompetent hes a rapist? Granted its different if hes feeding her drinks and staying sober or drugged her, totally different story there.

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12-17-2012 at 9:29 AM
Ktbug613
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Ktbug613 is not online. Last active: 05-25-2013, 4:55 PMSilver
Also to the "young girls come onto older men all the time" point its moot. An adult can not have sex with a child regardless of the situation. There is no law against drunk sex. So if she in her drunken state cam onto him, and seduced him, hes supposed to be a mind reader that she actually doesn't want it? WTF?! I just don't cant see how if they were BOTH wasted and BOTH acted in sex its rape? They both did the EXACT same thing, why is he expected to be of sound enough mind to stop it but shes not? He might have been too drunk to really realize what was going on too.

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12-17-2012 at 9:38 AM
Liz4444
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Liz4444 is not online. Last active: 05-25-2013, 10:08 PMGold
I have a question, it may be stupid, but bear with me. If both parties in any situation, not specifically this one have diminished capacity and are blackout drunk, why would the onus of a crime automatically fall on the male?

OP, it's a tough situation, but I think, before anything else, you need to figure out whether or not you had sex with this guy.

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12-17-2012 at 9:52 AM
Ktbug613
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Liz4444:
I have a question, it may be stupid, but bear with me. If both parties in any situation, not specifically this one have diminished capacity and are blackout drunk, why would the onus of a crime automatically fall on the male?

OP, it's a tough situation, but I think, before anything else, you need to figure out whether or not you had sex with this guy.


My point exactly. Unfortunately the law does tend to go in a womans favor but i think its very unfair

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