Comment by fabian2k
4 years ago
A person that is in an incapacitated state is not able to consent, in that situation the burden is entirely on the other person. Just because someone is not able to say no doesn't meant they did consent.
I'm talking about close to blackout drunk, heavily incapacitated, not slightly tipsy.
So question then, what if the other person is equally incapacitated?
What if the other person believes the incapacitated person is not so far gone as to be unable to consent?
Is consent only consent if you give a breathalyzer test in front of a witness?