I agree completely. It relieves someone of the responsibility of taking care of themselves. Hell, why not use "i was drunk i didnt know what i was doing" for murder and theft? "Oh your honor, I was SO drunk i had no idea I was robbing that store or killing that guy with a knife! I don't even remember it!"
Men have no business speaking of consent. None whatsoever!
Altered state of mind defenses still come with jail and/or psychiatric time attached to them. But we aren't talking about defenses here, we are talking about the plaintiff using altered state of mind as some kind of affirming evidence of rape. This is literally the only time that such evidence can ever be used in courts of law. And the only reason why this kind of evidence doesn't get ripped to shreds by defense lawyers is because "you can't put the victim on trial." Defense lawyers can not attack the plaintiffs sobriety. But the plaintiff can use their sobriety as an affirmation of "I said no." Even if zero other evidence exists that the plaintiff actually said no.
Luckily due to the system getting abused by fake rape victims there will be more cases where, I was drunk I couldn't consent will get tossed. Not that it matters at that point, a lot of people get their lives ruined just being accused of rape.
People who are happy about the 'drunks can consent' comment should keep in mind that it was used to let off a taxi driver that was caught by other people having sex with an unconscious woman that he was paid to drive home. He said that he believed she had consented before she passed out, therefore it was okay. She said she passed out shortly after getting in the taxi and has no memory of the ride home at all. The judge agreed that she hadn't consented, but ruled that because she couldn't remember the ride, it was possible that she had said something that could have been mistaken as consent by the driver. And the fact that she was drunk and unconscious was not a valid reason for him to not have sex with her.
The ruling basically states that it is okay for anyone to have sex with an unconscious person, because unconscious people can't prove they didn't want it. Frankly, I can't see how anyone who ISN'T a rapist would be happy about this. Since if you're out looking for unconscious strangers to have sex with, you kinda ARE a rapist.
Drunk is such a broad useless term....
It's consent UNTIL they're passed out or don't know where they are
Solution: wear attire with this printed on it in BIG BOLD letters: "I do NOT want to copulate when I am drunk!" while you are drinking. Problem solved. Until they steal your attire, of course. Then you have new problems. /shrug
So did you ever have sex while drunk? According to what you're saying here, those people just raped each other? Lol, I dunno about that one.
Look there's a huge gray area here. If people are both drunk and they have sex, it's a drunk mistake. If anyone is like blackout drunk and wake up to someone fucking them... yeah that's a problem.
As it turns out, there's a huge spectrum of levels of drunk. Then you have to take into consideration the drunkness of each party, and then the responsibility of the people getting drunk in the first place.
This is no cut and dry, 1 size fits all issue.
It's easy, if you don't have yourself under control while doing drugs you simply shouldn't do drugs.
If you're sober enough to call a cab, you're probably sober enough to consent.
That said, there are just about zero 26 year old that consent to being groped by Arab cabbies.
That said, the judge mostly seems to be saying that the prosecution did a shitty job.