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?