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

[SunsetBengal]

(03-27-2021, 08:18 PM)Dill Wrote: The article uses the term "blacked out," but then "woke up." That implies she lost consciousness or was at least incapacitated enough not to give consent. Then "passed out" again after withholding consent.

Would you say a drunk and incapacitated person falls outside of legal protection then? 

I'm just wondering why, in the above case, the protection is for the person committing the crime rather than the victim

--i.e., the "driver" following your drink-and-drive analogy, not the person who was run over.

Article also says she was denied entry to a bar, for being visibly intoxicated.  Are people allowed to be in public while visibly intoxicated?  I can't say in this case, but everywhere I've ever lived had laws against public intoxication.

So, it she was publicly intoxicated, and got that way on her own volition, how does that deserve protections over a sober person?  For all we know, she may have completely agreed to sex, and then was shocked when she came to, and saw who it was with.