Is affirmate consent always consent?

[Twalli]

A girl can't legally consent if she's drunk. Yet at the same time, we are taught that if a girl affirms her willingness to have sex then it is consent. If you have sex with someone who gave affirmative consent while drunk, is it legitimate rape? A guy got affirmative consent from a girl.

On another note why doesn't legal consent work for guys if they're drunk?

Updates

+1 y

This is not a real situation. Something similar could have happened in a Law & Order: SVU episode. It was actually just rape, but it could have been affirmative consent while severely intoxicated.

[The_Shadow_Dweller]

I think the scope of the consent matters here. It is just like in computer programming.

Condition 1 - Consent is valid under normal circumstances.

Condition 2 - Under the influence. This condition overrides the condition 1 as this condition is latest and is more narrow in its scope. More defined in its scope.

Consider the condition 1 as a bigger circle and the condition 2 as a smaller circle in it.

The scope plays the role here, I believe.

[Twalli]

With tolerance levels though, the second condition is blurry. A girl can get shitfaced after a beer or be completely fine after 5 in terms of the ability to think rationally. Likewise, the decreased ability of a guy to perceive whether or not the consent is valid due to her intoxication can be muddled by his own intoxication with the same blurriness due to tolerance.

[RobT312]

Yikes, not s good situation to be in. You have to use good judgement here…if she's not capable of agreeing then you are at risk

[DizzyDesii]

Its wrong to have sex witj someone who is clearly under the influence (unless you’re under the influence as well and both lack control). But at the same time, the drunk person put themselves in the predicament or put themselves at risk of being taken advantage of. So if they say yes to sex AND never withdraw their consent (or never say stop/get off me) then its not rape

[Juxtapose]

You can sign contracts when you're drunk so I call bullshit on the drunk consent thing unless she is blackout drunk.

[Twalli]

Are you supposed to though? I mean we tell people to make no important legal decisions (which would be signing contracts) 24 hours after getting anesthesia.

[Juxtapose]

What you were supposed to do and what is legal are two very distinct things.

[Juxtapose]

I have never been so drunk that I could not reasonably consent.

[Twalli]

I've never had sex without being completely sober.

[Juxtapose]

Drunk sex is awesome 👍

[Twalli]

Early-onset dementia is a lot less awesome, and my genome makes that a possibility with alcohol or a lot of iron.

[Juxtapose]

Oh that sucks man. Nobody wants to end up like Sleepy Joe.

[Twalli]

He's not demented, yet. I know demented people, he's a lot more with it than they are.

[Juxtapose]

That living fossil has more brain glitches than Windows 8 had issues.

[gorydetails]

Next time you're popped for a DUI tell the cops you didn't legally consent to drive.

[Twalli]

I don't drink and getting my license is becoming less likely.

[gorydetails]

Thanks for missing the point

[Twalli]

I get what you're saying, but sex requires multiple people.

[gorydetails]

And?

[Twalli]

A car doesn't ever have a choice in how you use it.

[gorydetails]

Man, dude. You’re still not getting the point…. just let it go at this stage.

[sirderpsalot123]

It's only rape if she's unconscious.

[Twalli]

What if she consents and then becomes unconscious before he finishes?

[sirderpsalot123]

If he were to continue then it would be rape, yes.

[sirderpsalot123]

I shouldn't have said only if she were unconscious. If she was drunk to the point where she couldn't verbally say "yes" to or initiate sex, then she might be able to claim rape.

It's tricky because drunk drivers are considered of sound mind to know that drunk driving is wrong. Why do we draw the line at sex? A drunk person is of sound mind enough to know that driving drunk is wrong, but aren't capable of deciding if they wanted to have sex?

[Twalli]

That's why I said there was affirmative consent while she was drunk.