A drunk man has sex with a woman who is way too drunk to consent. Neither remember the event. Should the man be punished?
- Yes, definitely12.7%
- Yes, slightly15.7%
- No, slightly22.8%
- No, definitely not48.7%
934 votesFinal results
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If it def happened and the woman decides it should not have, then yes definitely.
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Depends on how drunk the guy is, I guess, since you didn't specify. But if both are equally drunk, yeah, it's a tricky question.
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Both should face something minor. Can easily be reversed by the guy's lawyers to make it look like she took advantage of him.
I'm sure if you try really hard you can think of some other factors that might complicate the issue.
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if being drunk means you cant give consent, then they both raped each other.
1
E.g. was one pressuring the other to drink? Did one indicate they weren't interested while sober? Was 1 party only passively engaged in sex?
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If the man doesn't remember the event, he was blackout drunk. Therefore, both are too drunk to consent, neither at fault
3
Like almost any legal question you have to consider mitigating and aggravating factors.
If you're blackout drunk, you can't consent. But seems absurd that 2 people can rape each other simultaneously. Ergo, other factors matter.