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shermanator

drunk driving and drunk sex

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I would never sleep with a woman who was even buzzed, other than my wife, and I have had opportunity in the past... [/disclaimer]

I was thinking about this the other day, and am curious what other people think.

If when a woman is drunk, and has sex, she can later go back and say she was raped, that she was drunk and didn't want to do it, nor would she have slept with him if she was sober.

Why then, can someone who is drunk driving not use the same excuse? If women can be not in control of their actions, why is someone who is drunk driving in complete control of theirs?

just a thought. I'm curious what others have to say on that one.
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why is someone who is drunk driving in complete control of theirs?

Not sure I understand. Isn't the reason someone under the influence gets arrested for a DUI because they are considered NOT in complete control of their actions?
Killing threads since 2004.

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The analogy is fundamentally flawed.
The person who commits the rape is the one who not in control of their actions, analogous to a human who drives drunk and injures someone.

Act as if everything you do matters, while laughing at yourself for thinking anything you do matters.
Tibetan Buddhist saying

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Let me paraphrase adn see if I got what was meant. Correct me if I'm wrong

A dui is considered capable of choosing to drive and is therefore guilty

a girl can choose to have sex but if she's drunk, she can retract permission after the fact ang the judgment is that 'she didn't know what she was doing'. Meaning, she's not responsible for the choice she made while drunk.

Is this correct
Still not apples to apples
You are only as strong as the prey you devour

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Posting this assuming futuredivots paraphrase was on target. A dui isn't guilty because he is considered capable of choosing to drive. He's guilty if he chooses to consume the substance that impairs his ability to drive and drives. Now if the individual was under duress or involuntarily intoxicated there are some traditional defenses that come into play. Same thing goes for whether the individual was "operating" a motor vehicle (been some very unique arguments on that point). As for rape its generally an issue of consent (potential variables given your jurisdiction). Meaning that the prosecution must prove that there was no consent. Just becuase a girl was drunk doesn't equate to no consent, but in cases of extreme intoxication it would. Also there is an issue of whether a person in the "alleged rapists" shoes would/should have known that the womans state renders her past the point of being able to give consent. Basically theres just a huge difference between the mens rea and the actus reus of the two crimes to effectivly compare the two.

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Quote

a girl can choose to have sex but if she's drunk, she can retract permission after the fact ang the judgment is that 'she didn't know what she was doing'. Meaning, she's not responsible for the choice she made while drunk.



If the girl was drinking of her own choosing, even if she wasn't buying the drinks, and no "date rape" drugs had been used, good luck finding a District Attorney that would take that sexual assault case.
--"When I die, may I be surrounded by scattered chrome and burning gasoline."

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got my license a week or so back, recently the letter, stating: "BOC minimum 1.10, maximum 1.63" :S

WTF do they make a blood screening if its in that range!? >:(

breathalyzer was right in the middle, 1.31.

“Some may never live, but the crazy never die.”
-Hunter S. Thompson
"No. Try not. Do... or do not. There is no try."
-Yoda

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