@hawkeye10,
Quote:Right, she is not the one who had sex with the person whom the state has removed the right to consent....Have you any more startling revelations to regale us with??
The state
has not removed her right to consent. She can consent while drunk, and, if she really knew what she was doing, and agreeing to, she's not likely to claim she was raped or to feel she was violated.
The
legal responsibility is on the male to be sure she is knowingly consenting--that she's aware of what's happening, where she is, who she is with, what's going on, what's being done to her--and that she wants to be doing it. The responsibility is on him because he has to be sure he has consent
for what he intends to do regarding sexual activity with her. Her consent, or lack of it, is what should govern
his behavior toward her. With consent, it's just a sex act, without consent it is a sexual assault--rape. That's why he must consider whether he really has her "consent"--he'll be the one charged with rape if he doesn't have it.
These laws were passed to keep men from taking advantage of extremely drunk women, who would be in no position to offer much resistance of any kind to unwanted sex. So, the idea is to stop men from having sex with women who are not in shape to either knowingly consent or to physically resist. Making the man think about whether he has consent, in that sort of situation, is the point --if he's at all unsure about whether she knows what she's doing, he should stop. That is
his legal responsibility.
If that legal responsibility, to be sure he has knowing consent, is too much of a "burden" for the man, he shouldn't be having sex with anyone.
If you look at most of the rape cases which are actually charged or prosecuted, where the victim was drunk, she is generally
very drunk--barely conscious, floating in and out of consciousness, or actually passed out--and they either have witnesses to substantiate how drunk she was, or blood alcohol levels, or videotapes of her condition (thanks to rapists who want to "preserve the moment")--and, in those sorts of situations, no one in their right mind would believe she was knowingly consenting given her level of intoxication--and she may even have tried to offer some resistance or said, "No". So, these are definitely real rapes.