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Started By
Message
re: Alcohol and Responsibility
Posted on 3/12/24 at 9:41 pm to Proximo
Posted on 3/12/24 at 9:41 pm to Proximo
quote:
Voluntary intoxication is not a defense
If 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.
1
Posted on 3/12/24 at 9:45 pm to liz18lsu
quote:
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.
You’re thinking about it wrong
The rape victim has no culpability. The statute for third degree rape states that:
quote:
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.
This necessarily means that there can be only one victim.
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