Why can a woman speeding down the highway while intoxicated or accidentally running over somebody while drunk, be charged with manslaughter but she is suddenly too fragile and vulnerable to take responsibility while drunk and having sex
Because, as I said before, the crime isn't having sex, is having sex with someone who didn't consent. Impaired consent is not consent.
They don't have to take responsibility because there's nothing for them to be responsible *for*.
Now, a double standard would be if a woman got really drunk, made a bunch of aggressive sexual advances towards a man, and that person gave into those advances, and then got accused of rape because the woman was drunk. When if the genders were reversed, people still pounce on the man.
My position on intoxication and consent is the same regardless of the genders of people involved.
If you think my double standard is in regards to thinking alcohol absolves one of responsiblity for sexual consent, when it doesn't absolve one of culpability for crimes committed while drunk, I'll clarify that a bit.
Kenkay said:
But that's all beside the point. If you are not culpable for your actions drunk with regards to sex then you aren't culpable for anything when your drunk or high or what the hell ever. It's a double standard that should not exist.
Here's the thing. Let's say we decide "decisions made while drunk don't legally count as decisions". So if you "choose" to consent to sex while drunk, it doesn't count as a choice.
And if one "chooses" "chooses" to kill someone, it doesn't count as a choice to do that. So they shouldn't be responsible, right?
Well, except, in that case, making a conscious choice doesn't matter. They still killed someone. So it might not be first-degree murder, but it's probably manslaughter, just as if they were sober and it's a homicide, so they are still responsible for that, just as if they were sober and accidentally killed someone.
So you could suggest we don't hold people responsible for intent regarding things they do while drunk, but can't suggest absolving them of all responsibility, when there's still things people get held responsible for regardless of their intent.
I have to agree. It is not someone else's responsibility to keep track of how drunk you are and I do not think it should be.
Personally, I think the burden of consent should totally be on the initiator, to judge if the other person is in a right mind to make a choice.
I wouldn't blame someone who, if a drunken person came up to them and said, "Wanna have sex with me?" would say, "Yes."
But I would still advise them to say "No" as a general, "Acting like this might be a bit rough on you but it'll make the world and everyone's lives better if you do it" sort of way.
Admittedly, the waters can be murky. If they say, "well, they were all over me", does that mean they didn't do anything wrong? (though I would maintain unless they actually proposition sex directly, it doesn't count... same as if they're sober and flirt/tease/are otherwise 'all over' someone, it doesn't give the other person a right to take it further than they've explicitly said).
As for "well, they chose to put themselves into that state". And yeah, maybe so. My stance is that it doesn't matter how they got into that state... if they're in that state, they can't properly consent.
Rape is clear cut - saying "no" or fighting with the person trying to get with you, resistant and clearly not desiring the sex to occur = consent not given.
Actually, not saying "yes" = consent not given, and it that isn't how the law works, then the law needs to be changed.