"Incapacitated" is the key word here. The reports about a drunk person not being able to consent are incorrect, although, I do see the potential for abuse here depending on how "incapacitated" is interpreted.The complainant was incapacitated due to the influence of drugs, alcohol, or medication, so that the complainant could not understand the fact, nature, or extent of the sexual activity.
Give a man a fish and he eats for a day. Teach a man to fish and he stops voting for the Free Fish party.
If a student doesn't want to be subjected to the "whims" of a school's adminstrative staff, they can enroll elsewhere
The same can be said of assault. Two people can get into a fight with no witnesses and accuse the other of assaulting them. In that case, it's "he said, he said" just like a rape accusation
The only point I was making is that this law (like most others) is significantly more solid and structured than many people are imagining based on their reading of a brief news article.
Now that this bill has passed, let's look at two scenarios.
First, a student at some state college goes to a frat party and hooks up with someone. They both get drunk and end up having sex. The next day a complaint is filed and it is later determined by "someone" that the girl was too drunk to give proper consent.
Second, a guy(not a student) goes out to the bar one night and hooks up with someone.(also not a student) They both get drunk and end up having sex. The next day the girl files a complaint with local authorities.
What happens differently under scenario #2? Are the same standards of consent applied in both cases? If they are, is it law enforcement that is making the determination in both cases? I guess what I am getting at is are colleges, because of this law, being asked to more or less "investigate" criminal matters?
This law is about sexual assault on campus and how the administration of those colleges deal with it, so it has no effet on how law enforcement deals with the issue.If they are, is it law enforcement that is making the determination in both cases?
Colleges were investigating sexual assaults on campus before the law was passed. This law doesn't change that nor does it require them to do anythingI guess what I am getting at is are colleges, because of this law, being asked to more or less "investigate" criminal matters?
I didn't like this law because it, in fact, has nothing to do with justice in the first place.