It really depends on the situation. Two people of similar intoxication levels can consent. But at the same time when with an intoxicated person you need to be making certain they’re moving forward with you and consenting.
At least that’s my perspective as someone who will get involved with strangers while drinking at bars.
When someone’s blacked out or unable to enthusiastically consent (ie advance the acts of their own volition without being pressured or otherwise coerced) then they fundamentally can’t consent
The point here is that any intoxication is bad - negative is its characteristic. Doubling that negativity doesnt make it any better than if it was just one person intoxicated.
It’s hard for two unconscious people to have sex. One of them has to be conscious enough to be able to move. Even if they are drunk they are still responsible for having sex with unconscious person.
It may depend on jurisdiction but usually it’s illegal to have sex with someone unable to consent. I think that if they are drunk but are still consenting (verbally or non-verbally) it’s not considered rape.
It’s so strange to me that the argument of she was drunk and / or on drugs so strange.
These are reasons that she could never consent. Therefore any sexual act with her would be assault
It feels so weird to me that they think this is some kind of “gotcha”.
Does it make more sense if it’s presented as
If a woman goes to a party, she won’t be raped unless there’s a rapist there.
This holds true even if she’s on drugs and naked.
Because the drugs aren’t the point
Its the typical shaming. The attempt to blame the victim. Always so wrong but seems for a lot of people legit.
The more interesting one is what if both are under the influence of alcohol/drugs?
It really depends on the situation. Two people of similar intoxication levels can consent. But at the same time when with an intoxicated person you need to be making certain they’re moving forward with you and consenting.
At least that’s my perspective as someone who will get involved with strangers while drinking at bars.
When someone’s blacked out or unable to enthusiastically consent (ie advance the acts of their own volition without being pressured or otherwise coerced) then they fundamentally can’t consent
Just to be safe, get even drunker than them.
The whole point is that intoxicated people can’t consent - like at all.
So if two intoxicated people have sex, they’re always raping each other?
If only one person is intoxicated is it always rape?
The answer is yes, because intoxication is involved.
Not what I asked.
The point here is that any intoxication is bad - negative is its characteristic. Doubling that negativity doesnt make it any better than if it was just one person intoxicated.
I think you’re still responsible for the crimes you commit while drunk/high.
I think the point is then: who is the victim?
It’s hard for two unconscious people to have sex. One of them has to be conscious enough to be able to move. Even if they are drunk they are still responsible for having sex with unconscious person.
It may depend on jurisdiction but usually it’s illegal to have sex with someone unable to consent. I think that if they are drunk but are still consenting (verbally or non-verbally) it’s not considered rape.