Quote:
Originally Posted by valo403
It's not that open and shut, there is a massive area of grey when it comes to issues of capacity to consent. It would be an incredibly difficult task to argue and win a case in such a situation without testimony from witnesses that confirms the degree of impairment or toxicology showing the presence of substances that would result in sufficient impairment. Remember, the burden is on the Crown, not the defense.
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While I agree there is a burdon of proof up until now it has been met by testimony of witnesses (barmen friends etc) as to how much a person drank, their behaviour etc. Thus far the courts havn't required blood tests as proof, they have been clear for years that rape victims are not always able to come foward immediatly and make unclear witnesses etc and have, fairly or not, bent over backwards to help get them into court.
in this case she is also a minor, and whilst at 16 able to give consent, still not considered responsible, I would not like to defend the adults that are charged if the defense rests on her 'consent'. I have no doubt the judge will shoot that down from the begining.