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Originally Posted by martinguerre
if one party is sober enough to know that the other person is drunk enough not to consent...
they would be the guilty party.
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Talk about splitting hairs. That goes way too far. The next day, how can one honestly say 'well you were drunker than me so you should have known better, even though i can't remember what happened'
There has to be some sense of personal responsibility in action. The whole 'a drunk person can't give consent' rule is BS. Unless they were drugged, which would make it a totally different case, they CHOSE to drink that much. To compare drunken sex (a quite common thing throughout history) with sexual violence is beyond asinine.
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or, if a person got drunk along with another person, and had expressed prior intent to serve that person enough alcohol to erase their consent...
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Showing prior intent is a completely different scenario.