Those drunk on their own can't be considered 'mentally incapacitated' in rape cases

[Dill]

(03-27-2021, 12:39 PM)Benton Wrote: Yeah I'm not seeing why this decision was made. If they're unconscious, it's rape. If they're awake and say no (which she did), then it's rape.

Maybe the judge is thinking along an analogy to drinking and driving.

If you are driving while drunk you are still responsible if you hit someone with a car.
You can't plead "I was incapacitated." YOU took the risk and assumed responsibility for it when you started drinking.

Same in this case: the woman assumed the risk of drinking and therefore the responsibility for what happened after she got drunk.
If you fudge over some differences between perps and victims of crimes, the analogy is perfect.

I don't see how the legal argument can be limited to forced sex.
For anyone who has been accused of robbing someone who's drunk, this looks like a good precedent,
as the drunk person is now responsible for letting you do whatever you do to him/her.