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My Flatmate Didn't Know That Sex With A Drunk Girl Is Rape

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    (Original post by WoodyMKC)
    Ironic that you insinuate someone is stupid, when you're under the illusion that anyone who believes that this whole "can't consent when drunk" idea supports/commits rape :rofl:

    Could also turn that around and say, if you were to cheat on your partner, and say "nope, I was drunk, so I didn't cheat - I technically couldn't consent, so I was raped" - "OK, rely on that. Just assume you'll get away with it." This is real life, getting drunk doesn't alleviate you of responsibility.
    Someone did and it went to court, thankfully they were found not guilty.

    (Original post by ckingalt)
    There are cases where one party feels that consent was clearly given (and with good cause) and another party feels that consent was not given (and with good cause). That is the root of this debate. Victim's advocates would have us assume that when in doubt the accused perpetrator is guilty. That is because prosecuting in a manner more consistent with the law is too easily exploited by predators in this type of case. The law states that the accused is "innocent until PROVEN guilty." When both the victim and accused perpetrator have a reasonable interpretation of events that are contradictory with one another then the judgment should be innocent. This is based on the premise that it is a greater injustice is to incriminate an innocent than it is to deny a victim justice.
    In that situation they shouldn't be prosecuted anyway as s.1(A)(c) would mean a not guilty verdict should occur.
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