drbg43 wrote:
Well that's ridiculous then. That means you just can't have sex if you are drunk, which is dumb.
And this is one of the key issues with rape/alcohol/sex in our judicial system. Take the analogy with driving : being drunk is not an excuse for having an accident because driving drunk is illegal. As simple as that : you drink more than a glass of wine, you don't drive PUNKT. This and the ability to check for an exact amount of alcohol in blood simplifies a lot the relationship between alcohol / driving / accident.
in the case of Alcohol / sex / rape, such simple threshold doesn't exist, and if it did it would basically mean going back to prohibition era type of chaos with bootleggers and such.
The issue of consent and alcohol is a major major issue because it is so far use asymetrically as in alcohol would be grounds for impaired consent for a woman, but not (or massively less so) for a man. Basically in case of blacked out drunken sex, it would be akin to an accident in which the man is a drunk driver and the woman a drunk pedestrian : sure the woman being a drunk pedestrian wandering on the road is dangerous, but as the man should not have been driving drunk anyway, he gets the full blame for the accident. In a car accident situation it makes sense. But is that sex ?
Again I don't want to trivialise rape in anyway, but to think that in many many uni dorms in the world when at 10am on the following day a guy and a girl wake up side by side, surprised and hangover, the guy could very well end up in jail seems crazy to me, and scary.