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re: Madison Brooks Case - A Discussion Regarding Alcohol and ConsentPosted by 0x15E
on 1/30/23 at 2:05 pm to ScorpioMan006

quote:
to reaffirm every few minutes
Will probably make her want to change her mind
re: Madison Brooks Case - A Discussion Regarding Alcohol and ConsentPosted by BuckyCheese
on 1/30/23 at 2:10 pm to 0x15E


What I find interesting is the law can say someone was too drunk to consent to sex, in other words they are not responsible for their decisions, but if that same person gets behind the wheel they are found to have willfully broken the law.
re: Madison Brooks Case - A Discussion Regarding Alcohol and ConsentPosted by Proximo
on 1/30/23 at 2:11 pm to BuckyCheese


Two people are required for sex
Only one for drunk driving
Only one for drunk driving
re: Madison Brooks Case - A Discussion Regarding Alcohol and ConsentPosted by Topwater Trout
on 1/30/23 at 2:41 pm to BuckyCheese


quote:
What I find interesting is the law can say someone was too drunk to consent to sex, in other words they are not responsible for their decisions, but if that same person gets behind the wheel they are found to have willfully broken the law.
this is what I have been saying. Being impaired means you make bad decisions.
re: Madison Brooks Case - A Discussion Regarding Alcohol and ConsentPosted by Antonio Moss
on 1/30/23 at 2:46 pm to ScorpioMan006

quote:
The defense will try to claim consent while of course the family and the prosecution will emphasize that as Madison Brooks was well above the legal limit she could not legally consent to sex.
The "legal limit" is for operating vehicles - not consenting to sexual activity. Louisiana law does not recognize a "legal limit" for consent, nor does it hold that any consumption of alcohol prevents consent. It's a "knew or should have known" statute.
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re: Madison Brooks Case - A Discussion Regarding Alcohol and ConsentPosted by Mr. Misanthrope
on 1/30/23 at 2:57 pm to ScorpioMan006

quote:
Sadly this is probably the case. Any time it's rape it's ”immediately believe the woman" and "the guy is instantly at fault" instead of waiting for the facts to come out at trial.
Except in this situation she’s dead and can’t testify for herself. We’re left with the video evidence confirming to a large extent what her blood alcohol level indicated-the fact she was too impaired to consent.
Her assailants can plead whatever defense their counsel deems suitable.
I doubt too drunk to consent to their own intentional actions will work. Actions they claimed to have asked permission indicating they knew what they wanted to do, what they did, and an apparent understanding that they needed permission.
They also knew she was too impaired to walk much less do anything more complicated including telling them where she lived.
re: Madison Brooks Case - A Discussion Regarding Alcohol and ConsentPosted by RogerTheShrubber
on 1/30/23 at 3:06 pm to BuckyCheese

quote:
What I find interesting is the law can say someone was too drunk to consent to sex, in other words they are not responsible for their decisions, but if that same person gets behind the wheel they are found to have willfully broken the law.
Because you can be preyed upon while having sex, particularly if you're drunk beyond the ability to make reasonable decisions, or remember what occurred.
re: Madison Brooks Case - A Discussion Regarding Alcohol and ConsentPosted by MeridianDog
on 1/30/23 at 3:43 pm to ScorpioMan006

Being very drunk is not a legal excuse for driving under the influence, as in you can't say, "I was too drunk to know I shouldn't be driving."
I would think that reading of law would also be applicable to a drunk guy having sex with a girl who was too drunk to understand what he was doing to her.
He is still responsible for his actions while drunk.
Would be interesting if the drunk girl initiated the non-consent given sex.
I would think that reading of law would also be applicable to a drunk guy having sex with a girl who was too drunk to understand what he was doing to her.
He is still responsible for his actions while drunk.
Would be interesting if the drunk girl initiated the non-consent given sex.
This post was edited on 1/30 at 3:44 pm
re: Madison Brooks Case - A Discussion Regarding Alcohol and ConsentPosted by TigerBaitOohHaHa on 1/30/23 at 3:56 pm to ScorpioMan006
I wonder if perhaps a better response than the escort one might have been to counsel your son to not "engage" with women he doesn't know well or have a relationship with. Treat her with kindness and respect, don't drink beyond your limits. I would think this would keep most allegations of date rape at bay. One night drunken hookups with strangers is like playing Russian Roulette
re: Madison Brooks Case - A Discussion Regarding Alcohol and ConsentPosted by JudgeHolden
on 1/30/23 at 7:53 pm to MeridianDog

quote:
I would think that reading of law would also be applicable to a drunk guy having sex with a girl who was too drunk to understand what he was doing to her.
If he is “incapable of understanding the act” from drunkenness, he’s going to be too drunk to have intercourse, certainly not anal.
If she isn’t and performs a sex act on him, and his condition was knowable to her, she has committed third degree rape.
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