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Originally Posted by f6twister
I can't speak for other states but at least where I live, having sex with someone who is intoxicated is a Class C Felony. The statute reads:
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940.225(2)(cm) SECOND DEGREE SEXUAL ASSAULT. Whoever does any of the following is guilty of a Class C felony: Has sexual contact or sexual intercourse with a person who is under the influence of an intoxicant to a degree which renders that person incapable of appraising the person’s conduct, and the defendant knows of such condition.
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Now, I know someone will bring up that it is sometimes tough to tell when someone is "incapable of appraising the person's conduct" or basically know when they are too drunk to consent and I will agree. I wonder how many people out there realize that this statute exists. I would think it would make some people think before heading home with someone who is drunk. |
I wonder if this applies to both parties if they have sex when they are both too drunk to consent? If she consented and they were both drunk is it still considered rape?