Thursday, January 31, 2008

Ropati verdict / rape in general

I was thinking
1) being drunk is presumably not a defense. Ie I can't say "hey I only killed that pedestrian because i was drunk" and expect t get away with it.
2) It is rape to have sex with a person who is so drunk (or on drugs) to consent to sex even if you did not get them drunk

In that case - is it possible that a person who was charged with rape could use 'they raped me" as a defense? In fact is it possible that both could be found guilty? Maybe both found guilty and neither able to remember it?

The nature of vanilla sex does imply that there will be more evidence that one party consented - but the hypothetical would be interesting...


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