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Re: Small Town Turns On Girl Who Was Allegedly Raped By HS Football Player [#303, #38
Proof? Or post number if you have already given it?
Being drunk alone means you do not have the capacity to consent. There is a difference between "incapacitated" and "lacks the capacity". Incapacitated refers to being unconscious or rendered incapable of giving consent. Lack of capacity means that you can still be conscious and even make decisions but your ability to make informed reasonable decisions is skewed.
At which point it would come down to who initated the sex. Him or her. Considering their ages and the fact that him and his friends gave alcohol to a 14 and 13 year old that was no doubt initiated by the boys. Not to mention they had audio and video confessions.
Are you not paying attention?
That part of the law is inapplicable because it was added after the incident.
Proof? Or post number if you have already given it?
But for entertainments sake, lets say it was in effect.
From the evidence, it does not appear she was incapacitated.
So it would be hard to prove.
Being drunk alone means you do not have the capacity to consent. There is a difference between "incapacitated" and "lacks the capacity". Incapacitated refers to being unconscious or rendered incapable of giving consent. Lack of capacity means that you can still be conscious and even make decisions but your ability to make informed reasonable decisions is skewed.
Secondly, it then could be argued that he too was unable to give consent to sex.
At which point it would come down to who initated the sex. Him or her. Considering their ages and the fact that him and his friends gave alcohol to a 14 and 13 year old that was no doubt initiated by the boys. Not to mention they had audio and video confessions.