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Drunk people can’t technically be raped under N.Y. law, prosecutor says, and that should change

JacksinPA

JacksinPA

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Drunk people can’t technically be raped under N.Y. law, prosecutor says, and that should change

The scenario is unfortunately common: A woman goes to a bar and chooses to have several drinks. Later that night, she becomes a victim of sexual assault.

In New York, Manhattan’s top prosecutor says, the assaulter cannot be charged with a sex crime because of a legal loophole stipulating that someone who becomes voluntarily intoxicated is not considered “mentally incapacitated” for purposes of giving consent.
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New York, New York: party on!
 
Re: Drunk people can’t technically be raped under N.Y. law, prosecutor says, and that should chang

JacksinPA said:
Drunk people can’t technically be raped under N.Y. law, prosecutor says, and that should change

The scenario is unfortunately common: A woman goes to a bar and chooses to have several drinks. Later that night, she becomes a victim of sexual assault.

In New York, Manhattan’s top prosecutor says, the assaulter cannot be charged with a sex crime because of a legal loophole stipulating that someone who becomes voluntarily intoxicated is not considered “mentally incapacitated” for purposes of giving consent.
============================================
New York, New York: party on!
Click to expand...

Can a drunk person be raped? Yes
Can a drunk person give consent? Yes
Is having sex with a drunk person automatically rape? No.
 
Re: Drunk people can’t technically be raped under N.Y. law, prosecutor says, and that should chang

JacksinPA said:
Drunk people can’t technically be raped under N.Y. law, prosecutor says, and that should change

The scenario is unfortunately common: A woman goes to a bar and chooses to have several drinks. Later that night, she becomes a victim of sexual assault.

In New York, Manhattan’s top prosecutor says, the assaulter cannot be charged with a sex crime because of a legal loophole stipulating that someone who becomes voluntarily intoxicated is not considered “mentally incapacitated” for purposes of giving consent.
============================================
New York, New York: party on!
Click to expand...

Hmm... if being voluntarily intoxicated renders one "mentally incapacitated" then wouldn't that also render one not criminally responsible for any crime they may commit while voluntarily intoxicated? For example, if the alleged rapist could prove that they too were voluntarily intoxicated are they then not capable of intentional rape by reason of temporary "mental incapacitation"?
 
Re: Drunk people can’t technically be raped under N.Y. law, prosecutor says, and that should chang

How's about injuring or killing someone while you're DUI? Can you just say 'later' & walk in NY?
 
Re: Drunk people can’t technically be raped under N.Y. law, prosecutor says, and that should chang

JacksinPA said:
Drunk people can’t technically be raped under N.Y. law, prosecutor says, and that should change

The scenario is unfortunately common: A woman goes to a bar and chooses to have several drinks. Later that night, she becomes a victim of sexual assault.

In New York, Manhattan’s top prosecutor says, the assaulter cannot be charged with a sex crime because of a legal loophole stipulating that someone who becomes voluntarily intoxicated is not considered “mentally incapacitated” for purposes of giving consent.
============================================
New York, New York: party on!
Click to expand...

Non-sequitur.

The scenario is unfortunately common: A woman goes to a bar and chooses to have several drinks. Later that night, she becomes a victim of sexual assault.
Click to expand...


Ok

In New York, Manhattan’s top prosecutor says, the assaulter cannot be charged with a sex crime
Click to expand...


Why is that?

because of a legal loophole stipulating that someone who becomes voluntarily intoxicated is not considered “mentally incapacitated” for purposes of giving consent.
Click to expand...


So actually, a drunken woman who is the victim of a sex crime can press charges for sexual assault and prosecutors can charge them, all the DA said was that sexual assault cannot be charged when the facts of the case say a sexual assault did not occur.


liberals should watch less feminist media nonsense and start learning logic and how to construct arguments.
 
Re: Drunk people can’t technically be raped under N.Y. law, prosecutor says, and that should chang

JacksinPA said:
How's about injuring or killing someone while you're DUI? Can you just say 'later' & walk in NY?
Click to expand...

Hmm... that's a tough one - is the alleged perp an "undocumented" person?
 
Re: Drunk people can’t technically be raped under N.Y. law, prosecutor says, and that should chang

Bucky said:
Can a drunk person be raped? Yes
Can a drunk person give consent? Yes
Is having sex with a drunk person automatically rape? No.
Click to expand...

Yes
No
Yes If you have alcohol (or other mind-altering substances) on board, then your judgement is impaired and you cannot make valid legal decisions.
 
Re: Drunk people can’t technically be raped under N.Y. law, prosecutor says, and that should chang

Manc Skipper said:
Yes
No
Yes If you have alcohol (or other mind-altering substances) on board, then your judgement is impaired and you cannot make valid legal decisions.
Click to expand...

Yes a drunk person can give valid consent and yes you can make legally valid decisions while voluntarily intoxicated. This has always been recognized in law. courts for example, routinely uphold contracts signed by persons who were intoxicated.


Getting intoxicated in the presence of unrelated men while communicating you wish to have sex with them is not rape, it may have been a train of bad decisions on the part of the woman, and extraordinarily poor morals on the part of the man/men involved, but it is not rape.


What the feminists can't seem to wrap their minds around, is that women feel violated after drunken sex with strangers because they're not supposed to do that. Once more an example of how the socialist left pushed a destructive sexual revolution on society and instead of admitting their own fault and telling people to start treating sex for what it is, they want to cover up with another poorly thought out idea that will prove to be a massive mistake.
 
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Re: Drunk people can’t technically be raped under N.Y. law, prosecutor says, and that should chang

Manc Skipper said:
Yes
No
Yes If you have alcohol (or other mind-altering substances) on board, then your judgement is impaired and you cannot make valid legal decisions.
Click to expand...

But you can be held accountable for decisions you made while your judgment was voluntarily impaired by a mind altering substance, yes?
 
Re: Drunk people can’t technically be raped under N.Y. law, prosecutor says, and that should chang

ttwtt78640 said:
Hmm... if being voluntarily intoxicated renders one "mentally incapacitated" then wouldn't that also render one not criminally responsible for any crime they may commit while voluntarily intoxicated? For example, if the alleged rapist could prove that they too were voluntarily intoxicated are they then not capable of intentional rape by reason of temporary "mental incapacitation"?
Click to expand...
I suspect thats why that legal loophole existed in the first place, so being intoxicated could not be evoked as a defense.

How do you give someone a dwi if they were drunk before the got into their vehicle as another example of what your saying.

Sent from my SM-G965U using Tapatalk
 
Re: Drunk people can’t technically be raped under N.Y. law, prosecutor says, and that should chang

ttwtt78640 said:
Hmm... that's a tough one - is the alleged perp an "undocumented" person?
Click to expand...
Lol, well played

Sent from my SM-G965U using Tapatalk
 
Re: Drunk people can’t technically be raped under N.Y. law, prosecutor says, and that should chang

Manc Skipper said:
Yes
No
Yes If you have alcohol (or other mind-altering substances) on board, then your judgement is impaired and you cannot make valid legal decisions.
Click to expand...
Try arguing that in a court of law if your drunk and argue you could not give the officer your consent because you were inyoxicated and see if the court agrees your rights were violated

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Re: Drunk people can’t technically be raped under N.Y. law, prosecutor says, and that should chang

Legal loophole my ass. What bull****.

A person who is drunk can't think straight. That makes them mentally incapacitated.
 
Re: Drunk people can’t technically be raped under N.Y. law, prosecutor says, and that should chang

EMNofSeattle said:
Yes a drunk person can give valid consent and yes you can make legally valid decisions while voluntarily intoxicated. This has always been recognized in law. courts for example, routinely uphold contracts signed by persons who were intoxicated.


Getting intoxicated in the presence of unrelated men while communicating you wish to have sex with them is not rape, it may have been a train of bad decisions on the part of the woman, and extraordinarily poor morals on the part of the man/men involved, but it is not rape.


What the feminists can't seem to wrap their minds around, is that women feel violated after drunken sex with strangers because they're not supposed to do that. Once more an example of how the socialist left pushed a destructive sexual revolution on society and instead of admitting their own fault and telling people to start treating sex for what it is, they want to cover up with another poorly thought out idea that will prove to be a massive mistake.
Click to expand...

It is wacko to assume a drunk person cannot give consent. In that case, all bars should be shut down. Check that, all alcohol should be banned. A drunk girl having sex does not necessarily mean rape. It mostly means drunk hookup.
 
Re: Drunk people can’t technically be raped under N.Y. law, prosecutor says, and that should chang

EMNofSeattle said:
Yes a drunk person can give valid consent and yes you can make legally valid decisions while voluntarily intoxicated. This has always been recognized in law. courts for example, routinely uphold contracts signed by persons who were intoxicated.
Click to expand...

This is incorrect. A contract signed while intoxicated is voidable (if intoxication can be proven), though (depending on the specifics) the other party may have quasi-contractual remedies if they didn't know that the intoxicated party was intoxicated.

In any case, declining to enforce a contract is rather different from holding a person to be incapacitated for purposes of criminal law.
 
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