no KJ could not claim rape as he asked her about her recent STD testing. He was planning on banging her.
I am sure every guy is planning to bang the girl they are talking up at a party. According to that law, that intent means nothing if the person that wanted sex is “too” intoxicated to consent. So even if KJ was planning on banging her, if he was intoxicated then he couldn’t make an informed decision in accordance with the law.
Could a woman who was not able to consent still be on the hook for a DUI? If yes, then the analogy doesn't work. Responsibility alleviated in sexual encounter due to intoxication; responsibility not alleviated in driving due to intoxication. Go GATORS! ,WESGATORS
That’s the explanation of not having voluntary intoxication as a legal defense. To your question, if a woman was “drunk enough” that she couldn’t consent (determined by you) could she also be drunk enough for a DUI? Yes. But in one instance the question is her intoxication from a victim perspective (did someone take advantage, ie, not her actions) and the other she is seen as the criminal (her actions). Intoxication is always taken into consideration but it isn’t allowed to cancel out criminal actions. It’d be more appropriate to ask, if she was drunk and running around sexually assaulting men who didn’t ask for it (as in she’s the perpetrator) would her intoxication be a defense? Absolutely not. If there was a video of her taking advantage of a passed out guy, she’d absolutely be arrested for sexual assault and her intoxication would not be an excuse. Law is interesting. Again, I’m just trying to talk through the legal jumbo, I’m not talking on KJ. In fact, IMO I don’t think they’ll move on this case at all. As I said, I totally understand the frustration with the situation and the apparent hypocrisy. My fight is I just can’t agree voluntary intoxication should ever be a legal defense for criminal actions.
Tend to agree Tim, just imagine how difficult the trial would be on the young women given the circumstances that have been reported. Better have one terrific legal team is all I can say. That young women will be put through hell and back. I suspect a modest settlement may be in the mix once she realizes the mountain confronting her.
