Someone did and it went to court, thankfully they were found not guilty.(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
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.
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