@Samurai Okay we will just agree to disagree when it comes to having the same amount of responsibility while drunk (after a woman says ‘no’).
@DarkScribe Here this woman puts it much better than I ever could. Please don’t think that at any time I meant that every woman who puts a drink in her mouth is unable to give consent. However I do disagree on what level of intoxication one would draw the line of consent.
“I don’t think that’s what they do. I think the analysis comes from a different perspective, and that seeing things in that way makes this “zero-tolerance” stance much clearer and more reasonable.
The issue is not what rules would be safest in keeping women from being assaulted – that is, a case of simply declaring all sex after drinking as non-consensual by definition in order to keep women from being taken advantage of. The issue instead is the application of a general understanding of what real consent is – an understanding that already has legal application in other areas – to the issue of consent for sex.
In healthcare and law, “informed consent” means the authentic approval of a given choice made with full information, and free of distortion by coercion, undue inticement, helplessness, or intoxication. A consent for a medical procedure given while under the influence of drugs or anaesthesia is not valid; a criminal confession made while intoxicated is also not valid. The idea is that a decision made while intoxicated may not represent your true preferences, or may easily be influenced by external pressures. We cannot be sure such consent is freely given, so we simply may not accept such consents even when they are given. A doctor may not operate on a patient who gives consent while intoxicated or medicated (there are alternative procedures for emergency situations), and courts may not accept confessions signed while drunk or on drugs.
Under this doctrine, it is simply impossible to give a valid consent to any act that requires consent, while you are intoxicated – even if it is something you would have consented to while sober. Whether or not you would have consented otherwise, an intoxicated consent is not freely chosen. The blanket prohibition on unfree consent protects the intoxicated party from abuse – justified because “she said it was OK” – committed while they can’t make a decision to protect themselves. It also prohibits acts that might have been acceptable to the intoxicated party, because we cannot know, while they are intoxicated, what their sober preferences would be; that’s the price of demaning authentic consent in each and every case.
It’s obvious this doctrine applies directly to the question of consent for sex, as much as to consent for medical treatment or legal decisionmaking. It has always seemed to me that taking informed consent for sex seriously requires precisely such a policy, and I think it’s a good idea in this case. It’s not a question of setting policy too-stringently simply to play it safe; it’s a question of what actual “consent” really means.”