Perhaps some sort of sobriety test can be implemented before sex?(Original post by Good bloke)
The answer, in practical terms, is don't get drunk and then have sex with someone who is also drunk. It is directly equivalent to not drinking before driving.
Maybe we could also have a parenting test?
Sex is only for zee master race of elitists!
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JohnCrichton89
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- 09-02-2015 11:51
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- 09-02-2015 14:18
(Original post by Good bloke)
The answer, in practical terms, is don't get drunk and then have sex with someone who is also drunk. It is directly equivalent to not drinking before driving.
Morally I agree that doing anything sexual with anyone who is too drunk is wrong but legally there's no logic to it
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- 09-02-2015 14:21
(Original post by Wade-)
Or you could say to the woman [I]you're an adult, behave responsibly and don't get so drunk that you consent to sex you wouldn't if you were sober or end up in a position where you can't say yes or no[I]
Morally I agree that doing anything sexual with anyone who is too drunk is wrong but legally there's no logic to it
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So women should alter their behaviour to avoid sexual assault? Nice. -
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- 09-02-2015 14:28
(Original post by SnooFnoo)
So women should alter their behaviour to avoid sexual assault? Nice.
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Good bloke
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- 09-02-2015 14:29
(Original post by Wade-)
Or you could say to the woman [I]you're an adult, behave responsibly and don't get so drunk that you consent to sex you wouldn't if you were sober or end up in a position where you can't say yes or no[I]
Morally I agree that doing anything sexual with anyone who is too drunk is wrong but legally there's no logic to it
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- 09-02-2015 14:30
(Original post by Wade-)
No they should alter their behaviour to make sure they're happy with all sexual relations they consent to engage in
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Women should alter their behaviour so a man doesn't stick his **** in her unless she's happy with it. How about men just don't engage in sexual relations with a drunk person? -
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- 09-02-2015 14:34
(Original post by Good bloke)
There is a perfect logic to it. If a party commits a crime due to their own wilful intoxication they have to face the legal consequences. If a party is taken advantage of in a criminal way while intoxicated they have to face the physical and emotional consequences but the perpetrator has to face the legal consequences.
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- 09-02-2015 14:36
(Original post by SnooFnoo)
That's exactly the same.
Women should alter their behaviour so a man doesn't stick his **** in her unless she's happy with it. How about men just don't engage in sexual relations with a drunk person?
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- 09-02-2015 16:28
(Original post by Wade-)
If a woman says 'I don't know if I consented because I was so drunk but wouldn't have consented sober' and the man says well at the time she said yes then she is also culpable, without her actions the sex would never have taken place. Outside of contracts the law holds you responsible for the things you do when drunk...oh wait it also says you can't be responsible for saying yes but anything outside of that you are responsible for when drunk
(Original post by Wade-)
Ok so what if a man were to complain first and say he was far too drunk and the woman sexually assaulted him? -
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- 09-02-2015 16:34
(Original post by Wade-)
Ok so what if a man were to complain first and say he was far too drunk and the woman sexually assaulted him?
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joey11223
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- 09-02-2015 17:46
What I want to know is what ends up happening if the guy says (and lets assume its the truth), he was too drunk to remember exactly what happened, but he remembered chatting to her in the club, they both went to his...he assumed she consented? She says she was too drunk to consent? Guess it goes nowhere...or do we side with the female?
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Good bloke
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- 09-02-2015 17:53
(Original post by joey11223)
What I want to know is what ends up happening if the guy says (and lets assume its the truth), he was too drunk to remember exactly what happened, but he remembered chatting to her in the club, they both went to his...he assumed she consented? She says she was too drunk to consent? Guess it goes nowhere...or do we side with the female?
It appears TSR is populated to a significant extent by males who are unable to get close to a sexual encounter without the aid of alcohol, acting either to raise their own courage or to lower the inhibitions of the girl, or to put her into oblivion so she doesn't care.
Alcohol and sex are generally very poor bedfellows (if you'll pardon the expression). -
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- 09-02-2015 18:06
(Original post by SnooFnoo)
Well then she has assaulted him...
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- 09-02-2015 18:13
Once a rapist, Always a rapist.
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- 09-02-2015 18:37
(Original post by SnooFnoo)
Either way consent is not effective once someone is drunk. -
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- 09-02-2015 18:46
(Original post by Wade-)
That's literally like saying if I shoot someone I haven't killed them the bullet did.
Either you've never been drunk or drunk around women if you really think it's 'very easy' to tell if she's sober enough to reasonably consent when you're also very drunk
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If you cannot tell the difference, don't get so drunk. -
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- 09-02-2015 18:53
(Original post by Wade-)
But what if she's really drunk also? Did she assault him or was it rape? -
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- 09-02-2015 20:55
(Original post by Good bloke)
If even he cannot remember that consent was given and she remembers that it wasn't then nothing contradicts her statement that it wasn't given. He is in trouble.Last edited by joey11223; 09-02-2015 at 20:59. -
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- 09-02-2015 22:25
(Original post by Good bloke)
The perpetrator of a crime's drunkenness is irrelevant. Don't you get it yet?
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- 09-02-2015 23:46
(Original post by Wade-)
My point is if both people are drunk how can you conclusively say whether the woman has committed a sexual assault because the man is too drunk to consent or whether the man has committed rape because the woman is too drunk to consent?
You may not have sufficient (or any) corroborative evidence in any given situation. In the Evans case, I believe that CCTV and witnesses support the contention that she was incapable of making decisions.
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Updated: February 17, 2015
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