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View Diary: Another Steubenville? Canadian Teen Who Was Gang Raped, Bullied Commits Suicide (72 comments)

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  •  Highly intoxicated does NOT make it rape. (1+ / 0-)
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    True North

    If that were true, a lot of the sexual relations I've had constitute rape for both participants.

    But none the less, one certainly can be too intoxicated to give consent.    But in order for the police to lay charges or for the Crown (prosecutor) to get a conviction, there has to actually be evidence of the level (and effect) of intoxication.  And there is also the defence in law of "mistaken but honest belief" in consent - and this will always come into play when the alleged lack of consent was based on intoxication.  Especially when BOTH participants are at an equal level of intoxication.

    Let me ask you this: if highly intoxicated always means there was no consent, wouldn't that mean that if the young men were as drunk as she was, that she was also guilty of rape?

    I know false allegations happen all the time, because I am a criminal defence lawyer and I see a lot of these cases, including ones with EXCULPATORY evidence.

    We may have democracy, or we may have wealth concentrated in the hands of a few, but we can't have both. - Former Supreme Court Justice Louis Brandeis

    by RageKage on Wed Apr 10, 2013 at 01:31:04 PM PDT

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