Consent and Alcohol...do they mix?

[DrumNFeather]

I figured I would get banned from the other board for posting this question, and it certainly isn't meant to offend or be insensitive...but where do you draw the line on consent as it pertains to alcohol consumption? What I mean is, when you drink or get drunk...are you not responsible for what you do?

I suppose what I'm getting at deals with this case against the former Y players...if you get drunk and get behind the wheel of a car...you've made that choice...it seems that any thing that results from that is your fault. Similarly, if you got drunk at a party and conceeded to do whatever...shouldn't you be held responsible on some level and not just blame it on the alcohol you chose to drink inhibiting you? Not saying that is what happened or this girl deserved anything...just curious as to where people on here would draw the personal responsibility line...

[Archaea]

but one which more accurately reflects taking personal responsibility.

Obviously, nobody would say somebody passed out gave consent.

However, where is the line and what if the participants are both drunk?

It seems a female going to guys apartments and willingly consuming alcohol or drugs is asking for problems. If you had a more defined standard, "Hey if you get drunk with them, and to to their apartment, you've given consent," people might be more discerning.

Unless there is physical evidence of compulsion, that standard makes more sense.

[WaterCat]

It seems that the young woman tried to initiate sex earlier, which gave these young men reason to believe that this was consensual. It is hard to know what the jury will take away from all of this. Young white females tend to find favor with juries generally. I would think that this would hold true in Utah county as well.

[UtahDan]

the felony murder rule. The law (I think everywhere) is to the effect that if you choose to commit a felony, you chose responsibility for the foreseeable consequences including the death of an innocent person.

For example, if I rob a bank and someone tries to run away and manages instead to fall and hit his head klling him, I can be charged with his murder. Or if the convenience store owner I hold up fires his shotgun at me trying to defend himself and hits an innocent bystander, I can be charged with that person's murder too.

The idea is that once you choose to put the chain of events in motion, you bear the risk of unintended, but nevertheless foreseeable, consequences.

I personally think that the choice to get drunk is similar, and while it does not give anyone the right to rape you, I don't think the the loss of your judgment or the loss of the ability to defend yourself or escape are unforeseeable consequences. Quite to the contrary, I think you are choosing them. Now that doesn't relieve the person who may do something bad to you from his responsibilty, but it certainly makes me far less sympathetic to the victim.

Is that too harsh?

[Archaea]

get drunk even brings you more culpability.

Drink at a bar, nobody expects one to get lucky.

Drink at a guy's apartment and watch porno, talking about the sex acts doesn't exactly send a nugatory signal.