Hey guys! I need help in a question relating to intoxication and consent.
If a girl (an alcoholic) in an intoxicated state asks her friend for more alcohol (which her friend does give) - is this voluntary or involuntary intoxication?
After she drinks more, she drunkenly tells him that he can do anything to her. Later, when she has fallen completely unconscious, he has intercourse with her. Is this rape?
[Is it really consent if she was extremely intoxicated? Does she have the capacity to make a choice?
Or do I just go by the "A drunken consent is still consent" rule.
However, I do realise that she had given an advanced consent and he had intercourse only when she was unconscious. So does this still indicate the absence of consent?]
Thank you so much!!
Criminal Law [Intoxication, Consent] Watch
- Thread Starter
- 12-05-2013 06:24
- 12-05-2013 08:46
Its voluntary intoxication... Involuntary would mean she doesnt know the serious effects of alcohol or the fact that shes drinking alcohol...
Under s.75(2)(4) [not sure, but theres a section about consent while the other party is sleeping or unconcious] of sexual offences act 2003, i dont think thats a consented act...
I think an answer basing on s.75 will be sufficient...
Hope this helps
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