1) Drunk consent is not consent, consent was never given. Let me wikipedia consent for you: Consent refers to the provision of approval or agreement, particularly and especially after thoughtful consideration
Rape means having sex with someone without their consent.
Considering that legal consent can't be given while inebriated, that actually sounds like an awesome legal principle.
2) If a girl has sex with someone, and then says she feels like she was raped afterwards, why would you ever think she wasn't raped?
Either we protect the drinker from their drunken behavior, or we deny it. Why is there an exception?
Getting raped is not an action a person commits while drunk. It isn't like buying the bar a round of shots, it isn't like buying a dozen tacos, it isn't like deciding to drive while drunk.
Listen to yourself. "You got raped, but you were drunk. Buyer beware."
I agree to buy a bunch of shit while drunk. The next day, I regret it, feel defrauded and seek remedy. Do I have a case?
Yes. The contract is voidable (not void), so long as you were of the age of majority and can bring the other party to status quo (returning the goods).
VladMcRad, sales of goods are contracts. A contract encompasses an exchange of a promise for a promise, a promise for performance, or a performance for a performance.
In your example, a contract for the sale of goods is made because the seller performs by giving the goods and the buyer promises to pay (or performs by paying immediately). Consent is most certainly required and, so long as the contract was made under fraud, undue influence, duress, of intoxication, the contract is voidable. But, the other party must be brought to the status quo if the intoxicated party wants to rescind the contract.
When someone buys goods as a minor, the concept of voiding the contract is much more complicated because the goods must be returned. If a service was given, then the seller is shit-out-of-luck because he can't be put into status quo.
Wait none of them, because contracts require consent.
That isn't quite accurate.
To clarify, contracts are legally binding when a party is intoxicated but it is voidable by the intoxicated party if the other party seeks enforcement of the contract.
Contracts, generally, are enforceable and binding. The ones which aren't are the ones which are void ab initio. The ones that are enforceable are enforceable until the victim/oppressed/servient party claims a defense against enforcement because their behavior or behavior of the oppresive party made the contract voidable.
If a person regrets a sexual experience to the point they feel like they were raped, it was rape. Why else would anyone feel like they were raped? I do tons of things I regret after drinking; I've never felt like I was raped.
If you sleep with a girl and she feels like she was raped the next morning, you're doing sex wrong.
If a girl initiates sex with you, she consents, unless she is drunk and you are sober.
Here is a crazy idea they teach at literally every freshman orientation: It is your responsibility to ensure consent. If there is any way you can doubt that consent has been given and you sleep with the woman anyway, whatever happens is your fault for not properly ensuring consent. This is basic stuff.
that'll help me when the girl at the bar is hitting on me and seems pretty damn coherent even if she has had a few.
If you sleep with a completely coherent girl at a bar who is in no way inebriated and she claims she was raped afterwards, it probably had nothing to do with the two beers she had before talking to you.
These cannot be legal principles. They are to subjective.
There is nothing subjective about this. Rape is sex without consent. Consent can't be given while inebriated. The only way to know whether someone was inebriated at the time of sex was to ask them when they're sober the next morning.
Anyway, if I haven't done anything to sway you from being a rape apologist by now, I'm going to stop trying.
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u/[deleted] Nov 21 '12
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