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

[SunsetBengal]

(03-27-2021, 08:53 PM)Belsnickel Wrote: 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.

Perhaps the male was drunk too, thus impairing his decision making ability, as well?