Quote:
Originally Posted by Makarov
The only time that this might happen is when the complainant is asleep, afraid of the accused, engaging in best type activity, or severely intoxicated (and of course even in these circumstances the accused will have to satisfy the reasonable steps requirement in order for the defence to be available.)
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I'd suggest that issue of consent typically happen in the first sexual encounter between two people, and that there's a high incidence of intoxication in the first sexual encounter between two people.
If I were to give my children advice around sexual consent when they get older it would be to never have the sex with someone for the first time while intoxicated. However, that's probably not realistic.