ext_39544 ([identity profile] wight1984.livejournal.com) wrote in [community profile] politicartoons 2013-04-03 10:40 pm (UTC)

"Some would call this "spinning""

Yes, I did earlier. Rather wishing that I choose another word now because it seems to have rather distracted you from the conversation.

"The problem with that is that having your judgment impaired does not count in any other situation."

I think the issue here is that you are conflating the ability to give consent and criminal accountability.

That a person can't consent to having a tattoo when drunk means that a tattooist is not legally allowed to tattoo drunk persons. That doesn't imply that a drunk tattooist can forcibly tattoo people and expect no legal repercussions.

Similarly, you cannot consent to sex when severely intoxicated under UK law, which means that sleeping with a severely intoxicated person is legally rape. However, UK law doesn't grant any legal exemption for drunk rapists. Those are to separate issues.

Although there may well be laws on how sober you need to be to gamble. Makes as much sense as laws governing pubs wherein pub stewards have to stop serving drinks if someone has become too drunk.

"no one is FORCING you to get drunk and make a bad decision."

No one is forcing anyone to take advantage of drunk people either.

There are two sets of choices involved here. There are the choices that the drunk person may make (which they are criminally accountable for). There are also the choices that the sober person makes (which they are also criminally accountable for)

The choice that consent laws are concerned with is the choice of the sober person to take advantage of the drunk person.

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