The thing that bothers me about the 'can't consent while drunk' notion - does anyone agree or can you change my view?

WWLadyDeadpool · 2014-07-06T15:54:31+00:00

Most people see the criminal line where a person is so drunk that you had to take their clothes off and fully perform the sex act because they were barely conscious.

The slimy but not criminal line is usually when you know they're not into you but you drink with them hoping their standards drop.

A drunk hook up is just a drunk hook up, and no one should be mad about that shit.

unklestinky · 2014-07-07T07:59:02+00:00

The dictionary definition of consent is "to give permission for something to happen." With that being said the definition implies that consent is an agreement between two parties. In terms of drunken sex both people must be involved in the decision to have sex for it to be consensual. At the same time consent is a process, which should be asked for every step of the way (questions like do you like this, is this OK, if she looks uncomfortable just ask) This isn't a complicated notion and one where communication is important. What this means IMO is that A person who is overly intoxicated cannot freely give consent. At the same time if a person is not overly intoxicated/buzzed can still give consent. However any person (particularly college students) need to be VERY careful and conscious of their partners intentions if there is alcohol involved.

The notion of consent does not play a role in drinking and driving. In order to consent there must be two or more parties involved in the decision. The choice to drink and drive is an individual choice and only affects one person. (unless an accident occurs)

I understand the point you are trying to make, but your argument is flawed.

whitey_sorkin · 2014-07-07T10:24:34+00:00

Shitty analogy.

BlindPelican · 2014-07-06T21:18:09+00:00

Criminalizing drink driving is a matter of public safety. It is an inherently dangerous behavior.

Contrasted with sex which is a normal behavior, it is appropriate to keep DUI as a crime.

The real issue is one of coercion. It's quite possible for a man (or woman) to have been violated and entitled to all the support and validation as any victim, yet no crime has been committed.

MRSPArchiver · 2014-07-06T15:46:56+00:00

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RobinZWebster · 2014-07-07T08:47:50+00:00

The whole comparison of drunken sexual consent with drink-driving is a complete nonsense, as there is no evidence whatsoever on people's ability or inability to express consent (to what, exactly? to whom?) under different levels of intoxication. Legislation such as California's SB967 is bound to cause legal chaos because it specifically takes 'intoxication' into account in relation to sexual consent, but does not define what it means by this.

Other than comatose drunkenness, which is clear, practicalities of knowing whether someone is 'drunk beyond consent' are virtually impossible. All sex after parties, clubs, bars, dinner parties, picnics etc could potentially be deemed as 'unconsenting' because you could not possibly know the other person's blood-alcohol level. (Maybe that's what some social factions want).

Only solution would be an agreed (and no doubt arbitrary) legal limit, and pre-sex breathalyzer kits. Likely?

2014-07-06T18:05:40+00:00

Its a crime to be drunk in control of a car.

It is not a crime to agree to have sex while drunk - so the analogy doesn't work at all.

It is sometimes crime to get people that are mentally incapacitated to agree to something and if its something they wouldn't ordinarily agree to or agreed to because they were mentally incapacitated they can have legal recourse.

Title	The thing that bothers me about the 'can't consent while drunk' notion - does anyone agree or can you change my view?
Author	[deleted]
Upvotes	0
Comments	7
Date	July 6, 2014 3:46 PM UTC (12 years ago)
Subreddit	Posted in /r/MensRights
Original Link	https://old.reddit.com/r/MensRights/comments/29z1pq/the_thing_that_bothers_me_about_the_cant_consent/
Archive Link	https://theredarchive.com/r/MensRights/the-thing-that-bothers-me-about-the-cant-consent.998294 https://theredarchive.com/post/998294

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