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Maybe it indeed depends on defitinitions ... what if one party assumed it was consensual, as the other party claimed it indeed was in the act, but legally, that other party was not fully responsible due to drug/alcohol use?
I guess that's a grey area. Maybe legally, the second party could claim lack of responsibility or capacity to consent, but it's doubtful the first party was able to recognize that.
Yeah... it is as you said, a gray area. Anyway, taking your example, as far as I know it goes like this. If you're drunk/high and you accuse someone of rape, and he denies it (your word vs his word) you have very little to stand on. If it's the other way around, then you may just win. Because being drunk is not a "get out of jail free" card for any stupid thing you do, but being drunk and you had stupid things done to you may be the other guys' get out jail free card because he can claim you agreed.