‘A drunk can consent’ judge finds second \cabbie not guilty of sexually assault

[Dreknar20]

drunk people can also drive

Just not really well sometimes

[PosPosPos]

ITT: Misogynists who think drunk women are allowed to be sexually assaulted when they take taxis.

I guess they feel that drunk driving, instead of providing a safe avenue of third party transport, is justifiable to prevent sexual assault.

Also, I find it funny that these said misogynists think that the drunk can consent, but in the same breath insist they can't dissent. Somehow it's always given the alt-right spin of the victim must have given consent at the start but regretted it the next day.

[Seranthor]

In the US we don't use the term Crown. So I don't know what that is.

Here we have Judge, Jury, Plaintiff, Defendant, and Lawyer. That is basically all that is involved. So I don't what Crown is, or where it fits into this.

Substitute "State of (whatever state)" for "Crown" and you'll have it licked.

[xindralol]

I don't get why people are so desperate for some that they must go to such lengths to take advantage of drunk people.

Also, why would the alleged victim think that she would get a guilty verdict without any solid evidence?

A jury might be sympathetic.

[Culex]

If you choose to drink then you choose to deal with any consequences that arise from it.

[Deleted]

There are different levels of drunk, someone who is slightly buzzed can definitely consent. Someone who don't understand what's going on, can't.

And where is the line and how do you determine without fail whether the person is on one side of the line or on the other? Some cases are obvious, some aren't. Why is it that women are never accused of rape when they had sex with a drunk man? Men know the feeling of regret in the morning when they wake up next to a mountain, they don't go around calling that rape.

[Akka]

Reality check:
https://en.wikipedia.org/wiki/Intoxication_defense
In criminal law, the intoxication defense is a defense by which a defendant may claim diminished responsibility on the basis of substance intoxication. Where a crime requires a certain mental state (mens rea) to break the law, those under the influence of an intoxicating substance may be considered to have reduced liability for their actions. With regard to punishment, intoxication may be a mitigating factor that decreases a prison or jail sentence. Numerous factors affect the applicability of the defense.

Notice the bolded parts.
Rape is not "diminished consent", it's "absence of consent". "I consented to have sex, but just a bit" is not rape. Drinking DOES diminish responsability, but it doesn't REMOVE it.

[Louisa Bannon]

Notice the bolded parts.
Rape is not "diminished consent", it's "absence of consent". "I consented to have sex, but just a bit" is not rape. Drinking DOES diminish responsability, but it doesn't REMOVE it.

Not my area of expertise, but you are also trying to score points based on how an explanatory essay is worded on wiki. Dig up some case law or any kind of meaningful particulars and we'll talk maybe. My only point is that it *is* a defense. I did not touch on how effective it is.

This really had to be explained to you?

[Akka]

Not my area of expertise, but you are also trying to score points based on how an explanatory essay is worded on wiki.

It's not "scoring point on the formulation", it's highlighting a CORE CONCEPT. It's the same kind of conceptual basis that differentiate a killing from a murder from an assassination.