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Consent
“intelligent, knowing, and voluntary consent and does not include coerced submission”
“shall not be deemed or construed to mean the failure of the alleged victim to offer physical resistance to the offender”
Incapacity
“mentally defective”: “mental disease or defect which renders a person temporarily or permanently incapable of appraising the nature of his or her conduct”
“mentally incapacitated”: “temporarily incapable of appraising or controlling a person’s own conduct due to the influence of a narcotic, anesthetic, or intoxicating substance administered without his or her consent or due to nay other act committed upon that person without his or her consent”
“physically helpless”: “unconscious, asleep, or for any other reason physically unable to communicate unwillingness to act”
“physically incapacitated”: “bodily impaired or handicapped and substantially limited in ability to resist or flee”
My answer to Dr. Phil's tweet yes and no because it depends on the circumstances. So, I'd like to know whether or not you would consider the following scenarios to be rape:
1. Two sober people who both consent to sex
2. Two sober people where one doesn't consent to sex
3. A drunk person initiates sex with a sober person
4. A sober person initiates sex with a drunk person
5. Two drunk people have sex
6. A drunk person initiates sex with a passed-out drunk
7. A sober person initiates sex with a passed-out drunk
Last edited by Ibginnie; 02-17-2014 at 01:42 PM..
Reason: hotlinking/copyright
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