Quote:
Originally Posted by WhiteTiger
The whole "victim was too drunk to consent, but the accused who was just as drunk should have known better" thing really rankles at me, I guess. Really drunk people act and do really dumb things. I'd go so far as to say that NEITHER is capable of consenting...but there doesn't seem to be much luck in preventing drunk people from having sex.
On the light hearted side, maybe we need automatic chastity belts that engage after 2-3 beers...
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Keep in mind that the issue incapacity to consent generally arises only when the complainant is drunk to the point of unconsciousness. A person does not lose the capacity to consent after a few bottles of beer. The more common issue is whether the accused mistakenly believed that the complainant was consenting because the accused person misinterpreted the drunken behaviour of the intoxicated complainant as consent (when in fact it was not consent.) To put it crudely: the complainant was too drunk to say "no", not too drunk to consent.