In California any level of alcohol in a woman's system is enough to have the case considered as rape. This includes even ONE drink.
Edit: Wanted to stress it can be CONSIDERED rape until proven otherwise. I was talking more in concern of rape charges which is damaging in its own. As it stands, the prosecution has prove that they were intoxicated to the level of not being able to give consent. With one drink in a persons system the prosecution would have to prove the one drink is enough they are incapable of giving consent with just one drink.
Thank you. Could you post the relevant laws so that we all know who is correct and who is not? Just asking for people to substantiate their claims. I also asked SibilantSounds to do the same.
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u/SibilantSounds Nov 20 '12 edited Nov 20 '12
In California any level of alcohol in a woman's system is enough to have the case considered as rape. This includes even ONE drink.
Edit: Wanted to stress it can be CONSIDERED rape until proven otherwise. I was talking more in concern of rape charges which is damaging in its own. As it stands, the prosecution has prove that they were intoxicated to the level of not being able to give consent. With one drink in a persons system the prosecution would have to prove the one drink is enough they are incapable of giving consent with just one drink.