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Posted on 8/10/26 at 10:14 pm to Red Stick Tigress
quote:
Sobriety.
What if neither are sober?
Posted on 8/10/26 at 10:23 pm to cajunbama
quote:
What if neither are sober?
Neither have capacity to consent.
Under Louisiana law (R.S. 14:41), rape is defined as sexual intercourse committed without lawful consent. If both parties are fully incapacitated or unable to give consent (such as being completely blacked out or unconscious from alcohol or drugs), legally neither person can grant consent. Criminal liability focuses on who initiated the act, as the legal responsibility to obtain clear and voluntary consent rests entirely on the person who starts the sexual activity.
In this case, the female is claiming rape.
Posted on 8/10/26 at 10:30 pm to LaBR4
When I looked that name up earlier, all Google had was some white guy.
Posted on 8/11/26 at 12:10 am to C
Maybe I was. Maybe his dick was in you also.
Posted on 8/11/26 at 12:12 am to LouisianaLady
quote:
Maybe his dick was in you also.
Posted on 8/11/26 at 1:22 am to Red Stick Tigress
I was responding to where you said "sobriety".
There is big difference in not being sober and being incapacitated or even in a black out. So if neither party is sober there is a lot of rape if you have to be sober to consent. What if it is considered somewhat mutual initiation? Are they raping each other?
There is big difference in not being sober and being incapacitated or even in a black out. So if neither party is sober there is a lot of rape if you have to be sober to consent. What if it is considered somewhat mutual initiation? Are they raping each other?
Posted on 8/11/26 at 1:31 am to cajunbama
Technically, if you've had a drink you're not sober.
In the case at hand, he was presumably sober enough to drive everyone in her car to her apartment. She was assisted in changing clothes, etc. by her friend, so I doubt she was sober and capable of consensual anything.
Find a BRPD or EBRPSO and ask them. Maybe someone on here is a LEO.
In the case at hand, he was presumably sober enough to drive everyone in her car to her apartment. She was assisted in changing clothes, etc. by her friend, so I doubt she was sober and capable of consensual anything.
Find a BRPD or EBRPSO and ask them. Maybe someone on here is a LEO.
Posted on 8/11/26 at 2:20 am to Red Stick Tigress
quote:so if there’s proof she was coming in to him, and making out with him, inviting him over, etc, I wonder if that “who initiated the act” transfers to her.
Criminal liability focuses on who initiated the act, as the legal responsibility to obtain clear and voluntary consent rests entirely on the person who starts the sexual activity. In this case, the female is claiming rape.
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