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View Diary: Guys, If The Girl Is Drunk It Is Rape – Period (165 comments)

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  •  Too drunk to drive? (1+ / 0-)
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    If you're going to argue that being above the legal limit for operating a potentially deadly motor vehicle makes someone so horrendously impaired they can't even tell if they're willing to consent to sex or not, wouldn't that necessarily mean we can't prosecute someone for DUI because they didn't know what they were doing when they decided to get behind the wheel and drive? Sounds like an ironclad temporary insanity defense to me if that's how we're going to think about this.

    •  ugh. we prosecute people for DUI, even though (3+ / 0-)

      their judgement is impaired, because they put other people's lives at risk.

      Raping someone who has impaired judgement is harm being caused by someone else. Even if the rapist is drunk, they are accountable for harming someone else.

      How hard is it to simply accept the fact that one should be getting explicit, unimpaired consent before having sex?

      •  I'm guessing this post puts a severe (1+ / 0-)
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        Silvia Nightshade

        dent in the social prospects of some.

        "Til you're so fucking crazy you can't follow their rules" John Lennon - Working Class Hero

        by Horace Boothroyd III on Sun Mar 17, 2013 at 06:08:01 PM PDT

        [ Parent ]

      •  You seem to be missing my point (1+ / 0-)
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        It is being argued that any legal impairment means you are no longer able to give consent. That would mean a couple drinks in most states. I don't know if you've ever been a little tipsy before, but since I'm not much of a drinker one glass of wine will do it for me, and I don't think that makes me unable to give consent. Arguing that being above the legal limit - which is nowhere near being so shitfaced you don't know which way is up - makes you completely incapable of consenting to sex is the same thing as saying you can't make decisions for yourself under those conditions. If you truly believe that and accept that as true, why would you find a drunk driver at fault? They didn't know what they were doing after all, right?

        If you really think someone should be vulnerable to criminal prosecution for rape because their partner had a couple glasses of wine beforehand, then I'm the victim of multiple rapes and should be seeking justice. And yeah, Horace, I get that this is the law in some places and some people are going to become victims of an overzealous prosecutor. I'm also arguing that's not how it should be. And I say this as a boring homebody who avoids parties where this becomes an issue, so I'm exceedingly unlikely to ever find myself in this position. I'm still flabbergasted by the position expressed by this diarist and some of the comments here. This went way overboard into prosecuting normal human social norms.

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