@vikorr,
Quote:
We both know the answer - it is unjust - and we both see the parallels to rape law (hence why you don't want to answer the question directly). Principles don't change...and yet you desperately want this principle to be flawed, or wrong.
The problem is, your example doesn't comport with reality.
Your example assumes mutual consent to commit a crime together.
It also assumes A escapes punishment by claiming they were drunk.
That's not the reality of what goes on with charges of sexual assault, and why only one gets punished.
And I did answer it with regard to sexual assault law
http://able2know.org/topic/245743-24#post-5677362
Quote:and we both see the parallels between that scenario and rape law - where it is involving two drunk adults engaging in willing sex (hence why you don't want to answer the question directly).
Two drunk adults engaging in "willing sex" are not violating any laws--no one is going to get punished. Drunk sex is not against the law. This is where your example makes absolutely no sense to me.
Someone who files a sexual assault claim is asserting there was no mutual consent, no agreement to participate in an act together, no "willingness" as there was in your example.
They are therefore claiming a crime was committed against them, and that they were forced to have a form of sexual contact that was unwanted.
That's why your example makes no sense to me. It omits the fact that one party is claiming they did not consent, and that's why they file a crime report.
In other words, A is claiming they were the victim of a crime committed against them by B
You can't just assume that everyone who files a sexual assault claim is having "regrets", rather than actually having been the victim of unwanted sexual contact--sexual contact, to which they did not consent, and which was forced on them. And the alleged victim can't claim it was sexual assault just because they were intoxicated--the claim of sexual assault has to be based on a lack of consent--on a claim the sexual contact was unwanted, protested, resisted, or some condition that meets the state's legal definition of when consent is not present.
Lots of laws hinge on consent.
You can invite anyone you wish to enter your home, and you can give them your property if you wish. But can just anyone enter your home, without your consent? Can just anyone take your property without your consent?
Let's suppose you leave a window in your house open and then get drunk and fall asleep on your couch. Some drunk walking by sees a welcome sign on your door, and takes that as an invitation to come in, so the drunk goes through the open window, and begins stuffing your property into a bag. You wake up and see the person and yell, "What the hell are you doing in my house!" The drunk replies, "You invited me in, you have a welcome sign, you left a window open." "Like hell I did!" you reply, as you pick up your phone and call 911. The burglar hotfoots it out the window with the bag, but is apprehended by the police.
Are you any less a burglary victim because someone entered your house, without your consent, while you were drunk?
Is that burglar any less a burglar because you were drunk and left a window open?
Is the drunk burglar any less a burglar due to being intoxicated?
What makes the burglar a trespasser and a thief is the fact of entering your home, without your consent, and removing your property, without your consent.
It's all about consent.
An open window on your part is not giving consent to anyone to enter or to take your property.
Is there any conceivable reason you should be punished for getting drunk and leaving that window open? Is there any reason the police shouldn't believe you didn't give the burglar consent to enter, just because you were drunk when the burglar went through the window?
Is there any conceivable reason the burglar should not be punished for violating the law?
Is there anything unjust in seeing that burglar punished?
It's all about consent.