Res Ipsa wrote: As I understand the concept of "enthusiastic consent," a person who is mentally incapacitated under the law is not going to be able to enthusiastically consent.
DoubtingThomas wrote: So we agree after all, sex should be okay when the person gives you "enthusiastically consent"
As long as we have a common understanding of what "enthusiastically consent" means, yes.
First, sex is emotionally powerful, and it can be used to build a relationship but it can destroy a person. Treat it as you would anything else that could be beneficial or destructive like fire, a gun, a car, etc. There is never a time you can't think about the consequences of an action when you should act anyway. You should know in advance what you intend to do with it before you do it, and don't get careless. If you are in a situation where you are unsure, treat it like a gun or fire. Someone who would shoot first, ask questions later is going to end up damaging someone else's and their own life eventually.
DoubtingThomas wrote: Good points, Thanks. I will be very careful, and will never take advantage of a drunk woman. I don't drink or go to bars, so I probably have nothing to worry about anyway.
They are good points, and I wish I'd made them. ;-) I think that was Honor.
Res Ipsa wrote:(4) "Mental incapacity" is that condition existing at the time of the offense which prevents a person from understanding the nature or consequences of the act of sexual intercourse whether that condition is produced by illness, defect, the influence of a substance or from some other cause.
DoubtingThomas wrote: So I guess the key is "prevents a person from understanding the nature or consequences". Unfortunately that is ambiguous.
Gonna get technical, but it's really not ambiguous. It may be difficult to determine without effort, but not ambiguous. I asked before, not because I was trying to put you down, but because I'm trying to get a feeling for your circumstances: do you have much experience with drunk people? If you've spent much time around folks who are drunk to the point of mental incapacity, it's not that hard to tell that they don't really understand what they are saying or doing. If you approach the issue with concern for the other person, stopping to observe and engage with the other person, and ask yourself "does this person understand what she is saying or doing?" you won't have to worry.
Res Ipsa wrote:Maybe if you gave me enough facts that would allow a cogent analysis of whether there had been consent, I could try to answer. Telling me that two people were drunk or "very drunk" doesn't cut it.
DoubtingThomas wrote: Say two drunks have consensual sex, but forget everything next morning. Who would be the victim?
There would be no victim. As you stipulated, the sex was consensual.
DoubtingThomas wrote: Or let's say only the guy had a blackout, would that make the woman a sexual abuser?
If you'd define "sexual abuser" for me, I'd have a better shot at giving an answer. Again, because you described the sex as "consensual," there was no crime and no one is a victim.
I think you are confusing the question of "Did a rape occur" with "Do we have sufficient evidence that a rape occurred?" When you say "the sex was consensual, that answers the first question. It doesn't answer the second.
DoubtingThomas wrote: I now understand everything else you told me, and it makes sense, but when the two are drunk and conscious, I don't think the guy deserves all the blame, unless the guy forced her to have sex.
If the two are drunk and conscious, and the sex was consensual, then there is no one to blame. If they somehow managed to have sex with neither of them giving consent, then they would be equally culpable. I think that's a very difficult scenario to construct with any level of plausibility.
DoubtingThomas wrote: In strip clubs (at least some of them) the ladies use some aggressive and misleading tactics to take all the money away from them. A friend from work told me that two girls approached him for a dance. The girls told him the dance would include both of them because he was the first lucky guy to arrive. After the dance, they charged him double, so he was not really "lucky". He wasn't even drinking, I could imagine what they do to drunk guys. Would that be abuse?
Define "abuse."
My WTF was in reaction to your jump from a discussion of what constitutes rape to a story you heard about a transaction over a dance in a strip club. And, on top of that, that you appear to want to apply the same term "abuse" to both situations. Why? If that label is important to you, why is that?
It almost sounds like you are viewing woman through the lens of the Eve myth -- that women are are out there just waiting to trick you into getting arrested for rape or taking your money. Is that part of what this whole conversation is about?
And, by any chance, are you doing some reading in the Reddit Red Pill Subreddit or similar MRA/PUA sections of the internet? Because, if you are, you're getting really bad advice in terms of having a healthy sexual relationship with your fellow humans.
“The ideal subject of totalitarian rule is not the convinced Nazi or the dedicated communist, but people for whom the distinction between fact and fiction, true and false, no longer exists.”
― Hannah Arendt, The Origins of Totalitarianism, 1951