3 ms·
The legal and moral notion of consent to sexual activity isn't and logically driven by your brains ability to form memories or actuate voluntary motion. For so
by michaelmrose 4y ago
The legal and moral notion of consent to sexual activity isn't and logically driven by your brains ability to form memories or actuate voluntary motion.
For someone to give consent they have to have sufficient higher function to make a reasonable judgement.
If you fuck someone drunk off their ass because they can move and respond you probably morally and legally raped them in at least half the nation.
For example in California
https://properdefenselaw.com/drunk-sex-rape-in-california-cal-penal-code-section-261a3/ https://properdefenselaw.com/drunk-sex-rape-in-california-ca...
New Jersey
https://www.brickdonlaw.com/blog/2021/january/how-drunk-is-too-drunk-to-consent-to-sex-/ https://www.brickdonlaw.com/blog/2021/january/how-drunk-is-t...
The fact that some states will let you get someone drunk enough to be stupid in order to get into their pants isn't a good reason to do so.
- torstenvl 4y ago> The courts in California have found the following conduct shows that someone was too intoxicated to consent . . .passed out at some point or had trouble walking on their own . . . agreeing that the victim needed to “sleep it off” . . . vomiting . . . vomiting and hit the wall. Notably absent is alcohol's effect on long-term memory. Drinking to the point of impairing long-term episodic memory (BAC of 0.08-0.15) is not the same as drinking to the point you cannot consent.
- michaelmrose 4y agoDrinking to the point of impairing memory would seem at best impair judgement and ensure the person has no way to discern whether they consented or not. I see no reason to treat that as valid consent millions of people in the states live in states that wouldn't. Morally respecting partners rights costs you nothing.