posted on Sep, 24 2014 @ 12:38 AM
a reply to: gatorboi117
Maybe the thinking behind it is sort of like having to be of sound mind for a contract to be binding plus the fact that other activities such as
Driving have the rules already set before the drinking occurs. For example:
If you drink and drive you're still responsible because you know not to do that before you drink. The rules are set so there is no excuse as to you
not being aware of them. But sex with someone is a decision agreed upon at whatever moment the decision is made.
I think it's maybe viewed the same as if someone told you that they'd take you on a trip around the world for example. If they say it sober then
the chances are pretty good that you can trust their word, but if they're drunk you'd be foolish to trust that they'll actually follow through with
it when sober. In other words Drunk people say all sorts of stupid stuff while drinking that should be carefully verified before you trust it as fact
if you are the other party involved.
It's not so much that we totally excuse someone for what they do or say exactly. It's just that anyone who tries to claim that an agreement is
valid while one of the parties is intoxicated is a weak argument since everyone knows people act in ways they may not normally act. So greater
caution should always be taken in those situations.
Now, in your same example, it would be interesting to see what would happen if a woman accused a man of rape after sex but actually did consent before
but she also actually signed some kind of document that was literally a Sexual Consent Form. Not sure what would happen then.
Also, consider that it's not quite that easy in today's world to pull of such a false claim. Law Enforcement is aware of such possibilities now too
and have things like "Rape Kit's" which women must have done by medical staff to properly verify such claims. Now how reliable they are and what
all is involved I don't know. Maybe someone with more experience in such areas could chime in.
That's just my 2 cents and completely uninformed opinion though.