A person can be drunk and still possess the capacity to consent However, once they cross the threshold into incapacitation, any apparent agreement is legally invalid. Having sex with a person who has consumed alcohol is not necessarily rape, many if not most couples have sex for the first time under the influence of alcohol The question, as others have pointed out, is whether the person had sufficient capacity to consent given her mental state If not, than it is rape. If they are both drunk, and have sex, is that consensual
The intersection of alcohol and sexual consent is a complex legal issue The law defines consent and clarifies how intoxication affects a person’s ability to give it When both parties have been drinking, the situation requires an examination of each person’s capacity The legal system applies fundamental principles of consent to the specific facts of the case Hypothetically let's say that two individuals are heavily drunk, to the point that their ability to give consent is questionable They have sex, both of them either don't remember the details of the
So i fail to see why someone can not consent to sex while drunk I find the concept extremely revisionary Sex with an intoxicated person is not rape if the person can knowingly, intelligently and voluntarily consent to the activity However, this is dangerous water for the unintoxicated person since the level of intoxication of the other partner is highly subjective Unless you have a prior relationship with that person, i would discourage the activity Passing on getting lucky is much more.
The criminal code says it’s a crime to have sex with someone who’s too drunk or high to consent, even if the person doesn’t resist or fails to say “no.” Having said that, i’m happy the bar is set the other way in regard to sex If i had to guess, it’s probably because rarely would anyone plan to drive, or get someone else to drive drunk The court of appeal found that consent does indeed require not only a person agreeing to sex, but also having the mental capability to do so If you are so drunk that it's not totally clear to you whether a person wants to have sex with you, don't have sex with them Rape is rape whether you were drunk or not.
No survivor should ever be discouraged to seek help, get counselling or report a rape even if you were drunk the time. Cynthia godsoe, the law professor, explains that in situations where all people are drinking, charges are often brought against the person who is determined to have initiated sex, even if they’re also drunk And in most cases of sex between a man and a woman, that almost always means against the man. Can you consent to sex while drunk What is a 'drunk sex game plan' Beth ashley explores the ethics of drunk sex in a culture where drinking, dating, and having sex feel inextricably linked.
A person can be under the influence of alcohol and still be able to make decisions and communicate, but if a person is so drunk that he or she cannot actively consent to sex, then most people will consider it rape. The legal issue is whether the person was intoxicated to the point of being unable to consent to sex It is unlikely (but not impossible) that the state would take up a sexual assault charge two years later under these facts. Engaging in sexual activities, including having sex, with a person who is heavily intoxicated is a violation of the tu sexual violence policy and is illegal under oklahoma law Remember, if you are unsure whether someone is sober enough to consent, it is best to “play it safe” and not engage in any sexual activity. People who are blackout drunk can still walk, talk, dance, and apparently make decisions
