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How often does a case for rape in which enthusiastic consent was given but the victim was intoxicated work out in the victim's favor?

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  • Bruce
    Lv 7
    2 months ago

    People frequently confuse "intoxication" with "incapacitation". 

    Intoxication is not an issue unless the person is so incapacitated they are unable to give consent. Simply being legally drunk is not incapacitation. 

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  • 2 months ago

    If it can be shown they were intoxicated, pretty much all the time.

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  • 2 months ago

    Too often.  When someone is violated against their will, they of course have my empathy.  But to say that your partner should of recognized that you were too drunk to give consent at a time when they were probably also wasted is taking it too far. 

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