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Originally Posted by AngelicVampire
Indeed, however if someone "consents" to something while drunk they are still responsible for their actions. While not truly related imagine applying the "drunken consent != consent" rule to say drunk driving, a drunk is excused of the offense because they were drunk? No they are assumed to have sense and probably convicted of DUI and whatever else... Its your choice to drink yourself to that level (not including stuff like rohepynol here), if you don't want the loss of control don't drink. I think that if we open up "drunk excuses lack of awareness" then we start to open floodgates.
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The issue here is diminished capacity. Drunk driving is an aggravating factor in driving crimes because it diminishes the driver's capacity to safely operate a motor vehicle. A drunk rape victim has diminished capacity to consent to sex. Making this an aggravating factor in both instances is completely consistent.
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Yes it is silly, however I can see the scenario, good looking woman, scanty dress, you go over and try your luck, she lets you buy her a few drinks, you have some yourself... things look to be going well and you are setting up a great night then she says no, lets just go our separate ways. In some cases this is probably a lot like teasing a dog, they guy was buying rounds etc and being nice for 1 purpose (in his mind), she went along with the idea then turned around and said no... I can see where it comes from even if this does not excuse it.
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The woman's behavior, no matter how much she flirts or teases, no matter what her behavior is seen to imply is irrelevant once she says "no". The guy's intent for buying drinks and being nice is also absolutely irrelevant to the issue of whether or not she's consented, but may be evidence of intent on his part.
The woman can say yes, yes, yes, as often and as many times as she wants without giving up the right to say no whenever she likes. Now, dressing provocatively, teasing, implying or saying that sex will be upcoming, these things might be rude, and they might be ill advised, but they do not in the least mitigate the guy's responsibility. If she doesn't consent, and he has sex anyway, it's rape. Those are the only two relevant issues.
Gilda