@firefly,
Firefly - I mentioned justice, rather than law. Laws can be unjust (take for example the Australian Nurse who was jailed in UAE for making a legitimate gang rape complaint about 2010 - I think)
Quote:No, that's not what the law says. This isn't about "regrets" the next day over consensual sex--that's a defense to sexual assault/rape charges, used by defense attorneys to try to claim the sex was consensual.
Your follow up to this is confused...you say it's a defence and then say it's not a defence if they were drunk...which is exactly what I was talking about.
I tell you what...please explain how there is justice in a law where...two equally drunk people do exactly the same thing together, and they both agree to do it together, and:
A. is not capable of making a decision, is not responsible for decisions & actions, and doesn't commit a crime; while
B. is capable of making a decision, is responsible for their decisions & actions, and does commit a crime.
If you can do that (rationally) without raising gender issues...then I will be very impressed.
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If two different couples each have drunken consensual sex (and each have the same level of intoxication to their partners):
Couple A: the woman may go 'that was a great night'
Couple B: the woman may go 'ugh, now I hate myself...I will make a rape complaint'
The difference is in the feelings afterwards, rather than in the consent.
In the above type of sex, there aren't many other reasons for a woman (consenting to sex) to later make a rape complaint...other than regret.