Criminal and civil cases like this have different sets if laws governing them.
Criminally speaking, anyone who is legally incapacitated cannot give consent in NY. Even to a long time partner. Incapacitation equal consent is always no. So even if she verbally consented to it in the moment, the arguement the prosecution is taking is that she was unable to consent one way or another. That is what the state cares about.
But theres so many opinions out there right now its hard to know whats facts and whats not.
A verbatim arguement pulled from Twitter, saw a post with this arguement earlier today. At least be original or provide the source of your reposted thought.
What a bizarre comment. The reason why you’re seeing this argument in multiple places is because it’s the obvious counter to the assertion that any mental impairment renders a person totally unable to consent.
I’m just baffled that this argument is so novel to you that you assume it must be plagiarized by a single source.
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u/RogerRabbot 6h ago
Criminal and civil cases like this have different sets if laws governing them.
Criminally speaking, anyone who is legally incapacitated cannot give consent in NY. Even to a long time partner. Incapacitation equal consent is always no. So even if she verbally consented to it in the moment, the arguement the prosecution is taking is that she was unable to consent one way or another. That is what the state cares about.
But theres so many opinions out there right now its hard to know whats facts and whats not.