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#31
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dislikinator (01/10/2016) [-] 
This part is quite a snakepit, though. It can, for example, be that two people were too drunk to notice that the other person was drunk.
#55 to #31
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paddypancake (01/10/2016) [-] it says was it obvious or did the other person know. Either means that it would be rape. So if it is being judged as obvious it doesn't matter whether the assailant knew or not that the other person was unable to agree.
#57 to #34
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fjlawyer (01/10/2016) [-] If you're in the UK and the female is drunk, the male has committed rape, as rape is only male on female in English law, and a female cannot consent to sex whilst intoxicated.
This is regardless of whether he was sober or drunk, although the Courts tend to interpret the 'reasonably believed consent' in s1(1)(b) of the Sexual Offences Act 2003 if he is also drunk.
This is regardless of whether he was sober or drunk, although the Courts tend to interpret the 'reasonably believed consent' in s1(1)(b) of the Sexual Offences Act 2003 if he is also drunk.
