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And if you look at actual cases that were investigated and went to trial, you won’t see the line of argument “well your honor I had four shots and then I told h
by IgorPartola 9y ago
And if you look at actual cases that were investigated and went to trial, you won’t see the line of argument “well your honor I had four shots and then I told him ‘yes I really want to have sex with you, you have my consent’ but obviously I could not give consent because I was drunk. The alcohol in my system made me say those words out loud in a clear tone that I made sure he heard and understood.” That’s just not how it goes down. Usually you get a whole lot of victim blaming for being in a bad situation, and no clear enthusiastic verbal consent was given. There is some gray area there and that’s how actual rapists often end up walking free. But in reality if you got enthusiastic clear verbal consent before and after the person took the four shots, and during they didn’t lose consciousness and didn’t stop you, but continued giving you signs that they were still consenting, chances are you are safe.
If you don’t have clear and enthusiastic verbal or written consent, don’t have sex. It is pretty simple in practice.
- Retric 9y agoI think the US legal definition is generally reasonable in practice. I am more talking about what various groups use when collecting statistics or worse creating estimates.