Quote:
|
Originally Posted by analog
Assumed common knowledge: having sex with a person who is intoxicated is rape. They are impaired, and unable to legally consent to sex. Yes? Good? Ok.
So... legally, and philosophically, could it be considered rape?
|
By the 'common knowledge' you want the situation evaluated with, I would say
Legally: I'm going to go with a very probable yes. I originally was going with an easy no, because I think the answer should morally be no. But you didn't ask morally. You asked legally. So I thought about it (too much analog, thank you!) He allowed an intoxicated person to have sex with him. Does "having sex with an intoxicated person" EQUAL "letting an intoxicated person have sex with you?" Not until I replaced the words "intoxicated person" with "minor" in all instances to evaluate the situation and the rule. I came up with yes. Not that I wanted that to be my answer.
Philosophically: Hell no. He wasn't using her impaired condition to force her to do anything.