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re: Is "legitimate rape" placed in quotes and considered offensive because women

Posted on 12/19/14 at 11:41 am to
Posted by Bard
Definitely NOT an admin
Member since Oct 2008
51986 posts
Posted on 12/19/14 at 11:41 am to
quote:

(1) The individual was drunk, aka unable to consent.


Disagree. They consented, they just regretted the consent once they sobered up.

If alcohol is considered a get-out-of-responsibility-free card for consent to drunken sex, we should make it work that way for any crime.

DUI? I was too drunk to realize I was consenting to driving a vehicle therefore I shouldn't be charged.

Murder? I was too drunk to consenting to stabbing someone 137 times so therefore I shouldn't be charged.

It's a ridiculous argument they are trying to make.
Posted by NC_Tigah
Carolinas
Member since Sep 2003
124546 posts
Posted on 12/19/14 at 2:02 pm to
quote:

If alcohol is considered a get-out-of-responsibility-free card for consent to drunken sex, we should make it work that way for any crime.

You mean any issue of consent, not crime. There is not question of consent associated with murder.

Question: Is someone 'under-the-influence' actually able to provide legal consent?
It is a question whose answer forms basis of action in many "rape culture" cases.

"She was drinking," and therefore "unable to consent."
Buying that legal argument is central to the narrative.

Having bought the "consent" argument, it's only a hop-skip-and-jump from "actual" disabling intoxication, to a retrospective and/or false "claim" of intoxication.

Having admitted to sexual contact, our "rape culture" narrative leaves the male defendant having to prove a presumed "assault" was consensual, AND beyond that, prove the woman was sober enough to consent in the first place.
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