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Originally Posted by abaya
Mal, I have a question for you (sorry if this is a threadjack):
If I was drunk to the point of blackout (which apparently is a state where you make decisions, but just can't remember them), but I gave consent to having sex (in a situation where I would never have given consent if I was sober), is that rape?
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I wish i had the source for you... cause I argued this practically to the death somewhere else... In some states (I don't remember which states, except that Texas was one of the states) a person who is intoxicated, cannot give consent, meaning they cannot sign a legally binding document - I don't think it's a stretch to say that a person who is intoxicated (ie beyond the legal limit) cannot give consent to sex either.
I'm not a lawyer, I just pretend to know everything, but I would say, that a person who is drunk to the point of blacking out, while not exhibiting common sense, cannot consent to sex, so if sexual intercourse were to occur, then it would in fact be rape.
And before I get jumped on by some folks for my opinion... I also think there's a difference between what i refer to as 'buyer's remorse' - that is - the what the hell was I thinking morning after.... and being taken advantage of because you weren't in a position to say no...