• RiderExMachina@lemmy.ml
    link
    fedilink
    English
    arrow-up
    0
    ·
    10 months ago

    It’s heavily implied she consented while intoxicated, which is impossible according to the poster, and is therefore considered rape, even though both were under the influence

    • WoahWoah@lemmy.world
      link
      fedilink
      arrow-up
      0
      ·
      10 months ago

      It’s not impossible because of the poster. It’s impossible because of the features of contract law.

      • NovaPrime@lemmy.ml
        link
        fedilink
        arrow-up
        0
        ·
        10 months ago

        Legal consent in criminal law and legal consent for contracts are two different things. It’s like you haven’t even read § 1-201 of the UCC…geeez! (/s on that last part if it wasn’t clear)

        • WoahWoah@lemmy.world
          link
          fedilink
          arrow-up
          0
          ·
          10 months ago

          They both derive from the standard and have been interpreted differently given the different contexts and applications. For the purposes of this conversation about the poster, they’re similar enough to make the point. I’m not bringing suit, I’m trying to explain why legal consent and intoxication bear on one another in a court.