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MissMorrigan -> RE: Tennessee Senator "rape just isn’t what it used to be" .What a jerk! (2/17/2008 1:03:15 AM)
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I agree, PS, butting heads isn't a good idea, it leads to a headache that a good drinking session didn't induce [;)]
As for consent whilst drunk - it's a moot point, given that an informed decision is not possible if one or both persons are inebriated. So if both are drunk, one has to conclude that the dominant factor here - ie the man with the penis that induces penetrative sex (it can't be the other way around unless both persons are male) - is that the man still (regardless of his seeming drunkenness) made the decision to have penetrative sex (if no penetration occured, it's sexual assault or molestation). ie it is understood that a key cannot insert itself into a lock without a hand to guide it - while we can joke all we like about guys having two brains, the fact is, the penis did not commit an act without the man guiding it.
Another fact is the onus is on the MAN to prove that he had reasonable grounds to believe the woman (or man) had consented to penetrative sex and diminished capacity (due to drink in this case) is no defence. How many times have you heard people say, "Just give her a few drinks to 'loosen' her up and you'll be well in there, mate"? I'm 43 and certainly have done, and until recent years never really gave that much thought - it's actually pretty ominous.
It's a lesson to every man to ensure his partners (regardless of gender) are sober when he's initiating sexual contact. People that are drunk know it is illegal to drive while intoxicated, a minority still do... why is it so difficult for men to understand that if they go out, have a grand old time with Jim Beam and a legover is on the cards, that it is possible the next morning their bed partner is unlikely to remember what occured and shout, "I did NOT consent to doing that!" ? It's harsh, I agree, and the moral of the tale is quite obvious and a hell of a lot different to waking up the following day and exclaiming, "Oh man, I wish I hadn't done THAT last night!"
quote:
ORIGINAL: Politesub53
I think we could butt heads all night on this, even though we agree on every other point. Why is the drunken male any more culpable than the equally drunken female ? You say " Not knowing " isnt a defence. i am saying "not remembering you agreed" is just as bad. The penis isnt the dominant factor if the female consents while drunk and forgets she did so the next day.
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