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Can a drunk person consent to having sex?

Yes 0.21176470588235 21.2% [ 18 ]
No 0.35294117647059 35.3% [ 30 ]
Depends 0.43529411764706 43.5% [ 37 ]
Total Votes:[ 85 ]
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Evane Lierist's avatar

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The question of the topic is pretty clear. Is it possible for a drunk person to consent to sex and thus take accountability of their actions? Drunk as in the definition of "Affected by alcohol to the extent of losing control of one's faculties or behavior".

This could involve any scenario with at least one person drunk:
1. A drunk person having sex with a sober person.
-> Is it rape? If not always, what are the differences?
-> If consent is possible, should the drunk person take full accountability for giving consent? Should the sober person be to blame if they knew that their partner was drunk? Is the responsibility mixed between the two?
2. One person that is drunk and everyone else sober.
-> Similar questions to Scenario 1 except with possibility of blame being put on multiple sober people.
3. All people involved are drunk.
-> Is rape possible? Would there be anyway to know if it was rape?
4. Others you can think of.

Overall, could a drunk person be able to consent to having sex? Should they be held accountable for it?
Steam Punk Adept's avatar

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If you're male, then it doesn't matter how drunk you are, if you had sex, you are considered to have had sex
If you're female, then it doesn't matter how drunk you are, if you had sex, you are considered to have been raped.

Societal double standard....

If you are male or female, then it doesn't matter how drunk you are, if you drove, wrecked, and killed someone, you are considered to have committed vehicular manslaughter.

Why do we hold one drunks culpable for their actions UNLESS they're women, who had sex?
Katyusha Rockets's avatar

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Can a drunk person consent to sex?

Even though they're willingly putting themselves under the influence of a substance that will alter their perception and mental capability, this does not justify a person taking advantage of said victim that is under the influence.

However, if another person who is drunk involves him or herself and engages in sex then the issue of rape should be nullified.
vwytche's avatar

Questionable Shapeshifter

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Personally, my solution is stop treating both alcohol and sex like toys, and both drink and screw responsably. If you can't be bothered to do that, don't expect a lot of sympathy from me no matter what the circumstances.
If the female gives consent, and she is even the slightest bit intoxicated, it is rape
If the female gives consent, and the male is even the slightest bit intoxicated, it is rape

If the male does not give consent, and the male is even the slightest bit intoxicated, the male has raped the female.
If the male does not give consent, and the female is even the slightest bit intoxicated, the male has raped the female.
If you are anything, drunk, rolling, tripping, and say yes you want sex you are saying yes you want it within that mental state. you are aware of what it is and want it. if you have sex with the person and sober up and are suddenly saying " oh no i didnt want to do that?!!?"

tough, you wanted it damn well when you were drunk or whatever. if you dont want it say no.
Tuah's avatar

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Consent to get drunk, consent to consequences of being drunk.

This is how it should be.
depends how drunk. inebriation means any consent they give is totally suspect. even if, when they sober up, they're asking you why you didn't have sex with them, it's STILL not real consent.
Tuah
Consent to get drunk, consent to consequences of being drunk.

This is how it should be.

no that's stupid. especially when there's so much more nuance to events than you're taking into consideration.
Steam Punk Adept

Why do we hold one drunks culpable for their actions UNLESS they're women, who had sex?

actor versus acted upon. it's not a semantic argument.
plus, others are also held responsibile when a drunk gets behind a wheel.
Carpetalla's avatar

Vicious Hunter

Agent Thrax's avatar

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Carpetalla
no

yes

"no matter what,
no matter what,
no matter what
yea"

- future
Agent Thrax's avatar

Smoker

Render Soluble
depends how drunk. inebriation means any consent they give is totally suspect. even if, when they sober up, they're asking you why you didn't have sex with them, it's STILL not real consent.

"no that's stupid. especially when there's so much more nuance to events than you're taking into consideration."
- render soluble
Steam Punk Adept
If you're male, then it doesn't matter how drunk you are, if you had sex, you are considered to have had sex
If you're female, then it doesn't matter how drunk you are, if you had sex, you are considered to have been raped.

Societal double standard....

If you are male or female, then it doesn't matter how drunk you are, if you drove, wrecked, and killed someone, you are considered to have committed vehicular manslaughter.

Why do we hold one drunks culpable for their actions UNLESS they're women, who had sex?

This.
What I'd like to know is if the Trobiand Islanders can consent to sex.

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