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Those drunk on their own can't be considered 'mentally incapacitated' in rape cases
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(03-27-2021, 08:26 PM)SunsetBengal Wrote: 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.

If she was visibly intoxicated, though, then the person who slept with her should have known she was incapable of informed consent to sex. So why should the sober person get protections for taking advantage of someone like that?

A child will get charged for a crime if they go joy riding in a car, and an adult will get charged with a crime for having sex with a child. Both of those are because the child lacks the cognitive abilities to drive or give consent. The same is true for an intoxicated person. They are unable to reason at the level of a sober person. So just like a child, it is illegal for them to drive and it is illegal for someone to have sex with them because informed consent is not possible.
"A great democracy has got to be progressive, or it will soon cease to be either great or a democracy..." - TR

"The test of our progress is not whether we add more to the abundance of those who have much; it is whether we provide enough for those who have too little." - FDR
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RE: Those drunk on their own can't be considered 'mentally incapacitated' in rape cases - Belsnickel - 03-27-2021, 08:53 PM

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