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Major Nikon

(36,925 posts)

7. Being drunk does not meet the legal standard in any state

Sun Dec 15, 2013, 10:46 AM

Dec 2013

If you consider the legal standard for drunk driving (0.08% BAC for most, if not all states) and consider that "drunk", this meets no standard for inability to consent in any state that I'm aware.

People who make blanket statements on consent generally have no idea what they are talking about. The definition varies greatly from state to state. What is true for one state is not necessarily true for another.

What they should be doing is telling people they need to check with their state law and make sure they have a good understanding of what consent means in their state. This is what RAINN does. With no universal definition of consent, making blanket statements about being "drunk" is simply ill informed and unhelpful.

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Are drunk people allowed to have sex? [View all] Bonobo Dec 2013 OP

Is it rape if the guy is drunk? Major Nikon Dec 2013 #1

Do you think there is a problem with rape in our society? Warren Stupidity Dec 2013 #2

Yes, I do. nt Bonobo Dec 2013 #5

Do you think being drunk meets the legal standard of inability to consent? Major Nikon Dec 2013 #10

In some circumstances it is highly problematic. Warren Stupidity Dec 2013 #11

What about in other circumstances Major Nikon Dec 2013 #12

Do you agree that there is a state of intoxication where consent is not possible? Warren Stupidity Dec 2013 #14

I asked you first Major Nikon Dec 2013 #16

How about when both people are equally drunk and both say yes? ProudToBeBlueInRhody Dec 2013 #26

I thought I said yes to it. RiffRandell Dec 2013 #29

+1 nomorenomore08 Dec 2013 #38

I'll answer. RiffRandell Dec 2013 #23

I'd say no Major Nikon Dec 2013 #25

That's clearly and unambiguously correct. lumberjack_jeff Dec 2013 #33

+1 nomorenomore08 Dec 2013 #37

Probably be a good idea to get consent prior to intoxication. malthaussen Dec 2013 #3

The linked post says that's still rape Doctor_J Dec 2013 #6

I'd object to that at least from a legal standpoint Major Nikon Dec 2013 #13

The first sentence in that post is quite definitive Doctor_J Dec 2013 #4

Being drunk does not meet the legal standard in any state Major Nikon Dec 2013 #7

Forgetting even the legal definition... Bonobo Dec 2013 #8

Certainly if it reaches the point of mental or physical incapacity Major Nikon Dec 2013 #9

So just short of passed out, anything goes? Warren Stupidity Dec 2013 #15

That wasn't what was asked Major Nikon Dec 2013 #17

huh? I'm asking where the limit is. Warren Stupidity Dec 2013 #18

Then your answer is "no" Major Nikon Dec 2013 #19

I have no idea what "no" means to an "or" question. Warren Stupidity Dec 2013 #21

I was answering post #15 Major Nikon Dec 2013 #31

Exactly. RiffRandell Dec 2013 #24

It's well known that even a little alcohol... TreasonousBastard Dec 2013 #20

Throw other drugs into the mix and the issue becomes even more complicated Major Nikon Dec 2013 #22

There can't be a clear-cut definition in these circumstances LadyHawkAZ Dec 2013 #28

Here's a list of the state laws Major Nikon Dec 2013 #30

State-level laws are made to Calvinball rules, yes LadyHawkAZ Dec 2013 #32

College campuses are where the worst of it is for women Major Nikon Dec 2013 #34

If they can get away with it once, LadyHawkAZ Dec 2013 #35

Good post. There is some ambiguity there, but arguably there shouldn't be - when in doubt, don't. nomorenomore08 Dec 2013 #39

Don't expect to get any straight answers, that's for sure ProudToBeBlueInRhody Dec 2013 #27

well, that post is referring to someone so drunk they don't know what they did or didn't consent to fishwax Dec 2013 #36

I'm not so sure Major Nikon Dec 2013 #41

I was only referring to the post in question and general principle, not fishwax Dec 2013 #42

I guess it depends, in part, on what you mean by "drunk," but generally I would say yes. nomorenomore08 Dec 2013 #40

Of course. nt Demo_Chris Dec 2013 #43

In my drinking days ... I did get drunk and have sex. In_The_Wind Dec 2013 #44

People get nervous and do that to loosen up a bit sometimes. Bonobo Dec 2013 #45