Consent to Sex Whilst Drunk

Jun 2014
61,608
35,959
Cleveland, Ohio
#1
The Fifth Estate, a Canadian documentary series, has a 2015 episode about sexual assault on campus called "School of Secrets". The subject is interesting, and whilst I don't know any Canadian law, the presenters make the claim/assumption that consent given whilst drunk is invalid.

The episode dives deep into the alleged assaults committed by a Russian student, who states that the laws are different in his country and he wasn't aware of the differences.

Also, could be true. I haven't tried to find out.

My question is, what SHOULD the law be? It bothers me that drunk driving is a crime that occurs in the bar, when the driver chooses to become intoxicated, as well as behind the wheel.

Why are we imposing criminal liability for intentional acts associated with driving, but denying that same capacity to form intent associated with sexual behavior?

Obviously, I am excluding people rendered unconscious, or poisoned by adulterated liquor, or minors who are "force fed" booze to render them pliable by adults, etc.

Sally and her girlfriends plan a night out, go clubbing, Sally gets intoxicated by drinking 7 whiskey sours, leaves with Guy She Was Dancing With, they have sex at his house, she is appalled in the morning.

Is this a crime? Should it be? Is it any different if Dancing Guy is also intoxicated?

Whaca think?
 
Likes: 1 person

Ian Jeffrey

Council Hall
Mar 2013
76,623
45,849
Vulcan, down the street from Darth Vader
#2
People need to be responsible for their own behavior - intoxicated or not.

In your scenario, why would it be a crime of Dancing Guy against Sally? Why not a crime of Sally against Dancing Guy? Or both - in which case you would just be criminalizing drunken sex. :f_yikes:
 
Likes: 6 people
May 2016
3,864
976
california
#3
A guy I knew got married one day when he was intoxicated. He could get divorced but he'd lose most of his property, that's the law. But you can't make a law for everything that can happen, just need to keep with the basic law of not hurting people, stealing etc.
 
Likes: 1 person

Ian Jeffrey

Council Hall
Mar 2013
76,623
45,849
Vulcan, down the street from Darth Vader
#5
A guy I knew got married one day when he was intoxicated. He could get divorced but he'd lose most of his property, that's the law.
What law? Getting married does not suddenly make everything marital property even in Community Property states. That is absurd.

Besides, if he had "buyer's remorse" the next morning, he would seek an annulment, not a divorce, in which case she would have no claim in any case.

We need less laws and less intrusiveness...not more.
A cop-out that does not address the issue of whether a crime should be deemed to have been committed.
 
Likes: 5 people
May 2016
3,864
976
california
#8
What law? Getting married does not suddenly make everything marital property even in Community Property states. That is absurd.

Besides, if he had "buyer's remorse" the next morning, he would seek an annulment, not a divorce, in which case she would have no claim in any case.


A cop-out that does not address the issue of whether a crime should be deemed to have been committed.
Well that's what he said, and he could have gotten an annulment but he got more alcohol instead. I don't see how more laws could have "protected" him anyway.
 
Jun 2014
49,435
50,326
United States
#9
I am unconditionally opposed to engaging in non-consensual sex. It's something that I would personally never do. Intentionally engaging in non-consensual sex with a person who is intoxicated is rape -- plain and simple. That said, are we seriously supposed to buy into the theory that young ladies never plan a night out clubbing and drinking with the express intention of ending the evening by having sex with a stranger that they meet at the club?

I mean, that's not my personal experience. Sure, I know plenty of women who would never consider doing something like that. On the other hand, I've known quite a few who were open about this being their intention. If someone plans to go out, get drunk and have sex with a stranger and then wakes up the next morning disappointed with their choice of a partner, that in no way converts the consensual, drunken, sexual activity that occurred a few hours prior into the crime of rape.
 
Likes: 4 people