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<blockquote data-quote="Boom" data-source="post: 10094" data-attributes="member: 332"><p>Not really since it's one person being taken advantage of in an inebriated state and incapable of consent or even disagreeing. In all crimes alcohol is involved the responsibility starts with the drinking and then the crime, whereas the victim was drinking but committed no crime. So in this case the offender would still be the one responsible.</p><p></p><p>That's not to say a judge or jury might see it that way as is common to put some or the entirety of blame on a victim's state, but that's how most states in a to-the-letter fashion would view the case. Though when the former happens, sometimes it'll be known as "buyer's remorse" as opposed to rape since the judging party might feel the woman actually wantedn it or should've been more aware of her situation or instigated it and then changed her mind too late (which is still rape), or more commonly should've "fought back" (and boy do I have words for that one), and only after she sobered up realized she didn't want it and then called it rape. In all cases it's still rape since inebriation removes the possibility of consent from both sides. And sometimes if the guy is drunk a judge or jury might be lenient. Though that also happens for sober rape cases as well. Sexual assault cases are pretty back and forth in America.</p><p></p><p>Another lens to view through is drunk marriage. If two parties show up really drunk a marriage cannot go through to complete the marriage license and contract. And the same is true if you show up for a marriage license while hammered. Though to be fair if you show up for a license you'll be arrested for public intoxication and loitering in a state building. Again, it's not to say these things have not happened, but they're not supposed to happen.</p><p></p><p>EDIT: Should add that even if the victim is sober and the assaulting party is drunk, it is still constituted as a rape despite the fact there is one person capable of consent but said "no." So in all cases of being drunk, in regards to sexual consent, the default answer is "no."</p></blockquote><p></p>
[QUOTE="Boom, post: 10094, member: 332"] Not really since it's one person being taken advantage of in an inebriated state and incapable of consent or even disagreeing. In all crimes alcohol is involved the responsibility starts with the drinking and then the crime, whereas the victim was drinking but committed no crime. So in this case the offender would still be the one responsible. That's not to say a judge or jury might see it that way as is common to put some or the entirety of blame on a victim's state, but that's how most states in a to-the-letter fashion would view the case. Though when the former happens, sometimes it'll be known as "buyer's remorse" as opposed to rape since the judging party might feel the woman actually wantedn it or should've been more aware of her situation or instigated it and then changed her mind too late (which is still rape), or more commonly should've "fought back" (and boy do I have words for that one), and only after she sobered up realized she didn't want it and then called it rape. In all cases it's still rape since inebriation removes the possibility of consent from both sides. And sometimes if the guy is drunk a judge or jury might be lenient. Though that also happens for sober rape cases as well. Sexual assault cases are pretty back and forth in America. Another lens to view through is drunk marriage. If two parties show up really drunk a marriage cannot go through to complete the marriage license and contract. And the same is true if you show up for a marriage license while hammered. Though to be fair if you show up for a license you'll be arrested for public intoxication and loitering in a state building. Again, it's not to say these things have not happened, but they're not supposed to happen. EDIT: Should add that even if the victim is sober and the assaulting party is drunk, it is still constituted as a rape despite the fact there is one person capable of consent but said "no." So in all cases of being drunk, in regards to sexual consent, the default answer is "no." [/QUOTE]
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