Quote:
Originally posted by kddani
Being drunk isn't a defense to a crime though. It may go towards showing the intent, but it's not a defense.
Which in this sort of situation makes the water a little murky
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Likewise, the legal standard for mental capability to 'consent' (used in the legal sense here) does not change based on gender. That would be horrifically unconstitutional (see: Italy's "no rape in jeans" law for an example).
Unfortunately, the 'spirit' of the law argument tends to carry the day here - practice is slightly different than principle.