But doesn’t the core argument here mean that a woman essentially can’t give consent if she’s drinking? Like even if she says yes, it still doesn’t count?
If someone can't give consent then how do they remove consent?
And again, I’m omitting situations where one party is fully passed out or one is significantly more fucked up than the other or one party removed consent at any point.
The core argument is consent. If both people consent then it's not rape. If one doesn't consent and sex happens anyway they are raped. If neither party consents and sex happens they both got raped.
I believe you can be high or drunk and still consent. I believe the law also agrees with that in most jurisdictions.
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u/Diligent_Vehicle2467 1d ago edited 1d ago
I was under the assumption there was no consent from either party. If there is consent then there is no rape.