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re: Madison Brooks Case - A Discussion Regarding Alcohol and Consent
Posted on 1/30/23 at 11:03 am to ScorpioMan006
Posted on 1/30/23 at 11:03 am to ScorpioMan006
quote:
Intoxication
The fact of an intoxicated or drugged condition of the offender at the time of the commission of the crime is immaterial, except as follows:
(1) Where the production of the intoxicated or drugged condition has been involuntary, and the circumstances indicate this condition is the direct cause of the commission of the crime, the offender is exempt from criminal responsibility.
(2) Where the circumstances indicate that an intoxicated or drugged condition has precluded the presence of a specific criminal intent or of special knowledge required in a particular crime, this fact constitutes a defense to a prosecution for that crime.
And just FYI, rape (in all forms) requires a general intent, not specific intent. So Paragraph 2 wouldn't apply in these scenarios.
This post was edited on 1/30/23 at 11:05 am
Posted on 1/30/23 at 11:09 am to tLSU
quote:
And just FYI, rape (in all forms) requires a general intent, not specific intent.
That I got....however aren't we talking about 2 victims and 2 offenders if both parties are above the BAC limit since neither can give consent?
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