re: Alcohol and Responsibility

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And what if the aggressor is also intoxicated, with no recollection?

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If two drunks frick, that's not a crime.

Who doesn’t have recollection? The aggressor or the victim?
I think the law can be interpreted as: Intoxication means a man or woman cannot consent, but it does not remove his or her capacity to commit rape.

But I am not a lawyer.

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If two drunks frick, that's not a crime.

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I am sure there are men who have gone to trial who would disagree.

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a person is raped, while voluntarily intoxicated, it doesn't count? You are stating the defense. My point, what about the offense? Two very different views, depending on the offense v. defense.

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You’re thinking about it wrong

The rape victim has no culpability. The statute for third degree rape states that:

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Third degree rape is a rape committed when the anal, oral, or vaginal sexual intercourse is deemed to be without the lawful consent of a victim because it is committed under any one or more of the following circumstances:

1)When the victim is incapable of resisting or of understanding the nature of the act by reason of a stupor or abnormal condition of mind produced by an intoxicating agent or any cause and the offender knew or should have known of the victim's incapacity.

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This necessarily means that there can be only one victim.

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If you drive drunk, all on you.

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I always found it cool when a cop shoots a drunk driver that pulled on the side of the road to not drive drunk anymore. Only one gets killed.

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I am sure there are men who have gone to trial who would disagree.

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I have no doubt you are correct but if both are drunk, how do you know who raped who?

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have no doubt you are correct but if both are drunk, how do you know who raped who?

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It’s a factual question. What evidence is there to show that one knew the other couldn’t consent?

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If two drunks frick, that's not a crime.

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If it's two adults, there should be an equal amount of culpability. You should know better than to drive or operate heavy machinery if you are impaired. To suggest otherwise, would be to affirm that females are weaker and likely victims.

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Does the distinction come from intent?

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The word lawyers get paid a lot of money to whip out would be mens rea.

I love all these idiot do gooders that think just because you’ve had 2/3 drinks in a couple hours you deserve to die……