Teen girl too drunk to consent to sex: Languish?

[Josephus]

if she's throwing up on herself you know you're doing something wrong and should stop. Kids guilty.

That said, kids these days get a signed waiver like a celeb, it's just safer that way

Well we don't know she vomited all over herself and was covered in puke. All we know is she was vomiting. She may have vomited behind a rock, and he didn't see that. Though, if they French kissed, he probably coulda guessed. 

[Solmyr]

Though I agree with not having sex with people who are black out drunk there's too much power with women in these situations. Way too easy for them to call rape if they have buyers remorse.

Is this really a common, major problem in society? I believe the vast majority of such cases are never even reported, because the woman will be closely questioned, slut-shamed, and have her testimony  doubted.

[HVC]

if she's throwing up on herself you know you're doing something wrong and should stop. Kids guilty.

That said, kids these days get a signed waiver like a celeb, it's just safer that way

Well we don't know she vomited all over herself and was covered in puke. All we know is she was vomiting. She may have vomited behind a rock, and he didn't see that. Though, if they French kissed, he probably coulda guessed. 

I was gonna say that a girl leaving to go throw up isn't the best sign either, but kids 15, doubt he lasted long enough for the getting up and leaving part

I can understand dismissing and distrusting mutual drunk mistakes being prosecuted, and even abhor next day regrets turning into rape allegations, but there's a simple enough line to see that consent isn't valid (or given), and that's a shambling drunk vomiting mess.

[Josephus]

Though I agree with not having sex with people who are black out drunk there's too much power with women in these situations. Way too easy for them to call rape if they have buyers remorse.

Is this really a common, major problem in society? I believe the vast majority of such cases are never even reported, because the woman will be closely questioned, slut-shamed, and have her testimony  doubted.

there was a very high-profile case in Toronto not long ago. Guy was caught on bar and hotel security cams. Looked quite obvious girl was barely conscious. Guy fled to Pakistan, where he was born I think, before sentencing.

[dps]

There is no one more qualified to talk about his intoxication.  It's his own body. 

So if he was accused of DUI, he could just testify that, no, he wasn't drunk and the courts should accept that?

[Valmy]

Yeah, but the argument can be made that he was pretty drunk too, and thus not able to make a sound decision.

This is generally not a valid defense in court.

Legally 15 year olds cannot consent to sex. Legally drunk people cannot consent to sex. So it is kind of weird that he is not at all responsible for having sex under every single other scenario except this one. I mean so long as we are going for court based talk.

Which is why I presume he was convicted as a juvenile which would make sense.

[Ed Anger]

Two teens have sex after a beach party where alcohol gets consumed. Boy gets charged. What's Languish's take?

1) European posters are more tolerant and dismissive of rape
2) grumbler is contrarian, even when it comes to judges
3) there is apparently a legal equivalence between committing a crime and being a victim of crime
4) Ed would bang anybody covered in their own vomit, because that's his thing

Keep me out of your sexual fantasies.

[viper37]

Yeah, but the argument can be made that he was pretty drunk too, and thus not able to make a sound decision.

This is generally not a valid defense in court.

Legally 15 year olds cannot consent to sex. Legally drunk people cannot consent to sex. So it is kind of weird that he is not at all responsible for having sex under every single other scenario except this one. I mean so long as we are going for court based talk.

Which is why I presume he was convicted as a juvenile which would make sense.

age of consent is 16 years old, but with a 5 years limits. So 15-15 years old sex can both legally consent to sex.  A 22 year old a and a 14 year old, it would be presumed rape.

[Barrister]

There is no one more qualified to talk about his intoxication.  It's his own body. 

So if he was accused of DUI, he could just testify that, no, he wasn't drunk and the courts should accept that?

Well if there is an instrument that scientifically measured the amount of alcohol in his body, well no.

Sometimes though we run drunk driving charges without such a scientific analysis.  In those cases often the Accused takes the stand to say "no, I wasn't really drunk, I was just stumbling because I was really dizzy from an ear infection".  And the judge may or may not accept that evidence.

[Barrister]

Yeah, but the argument can be made that he was pretty drunk too, and thus not able to make a sound decision.

This is generally not a valid defense in court.

Legally 15 year olds cannot consent to sex. Legally drunk people cannot consent to sex. So it is kind of weird that he is not at all responsible for having sex under every single other scenario except this one. I mean so long as we are going for court based talk.

Which is why I presume he was convicted as a juvenile which would make sense.

15 year olds absolutely can consent to sex.  As long as it is someone roughly their same age (depending on precise local laws).  Hell in Canada up until a few years ago the age of consent for unrestricted sex was 14, so a 15 year old could sleep with basically anyone not related to them or not their teacher.

[DGuller]

If someone is so drunk that she's essentially a living blowup doll, then yeah, that's rape.  That said, the "you may think you're capable of consenting, but we know better what your little pretty head is capable of" cases are hurting the legitimacy of rape prosecutions, as the punishment doesn't fit the crime.  Lots of things are scummy and disgusting but not decades of prison time and lifetime of registry kind of scummy and disgusting.

[sbr]

If someone is so drunk that she's essentially a living blowup doll, then yeah, that's rape.  That said, the "you may think you're capable of consenting, but we know better what your little pretty head is capable of" cases are hurting the legitimacy of rape prosecutions, as the punishment doesn't fit the crime.  Lots of things are scummy and disgusting but not decades of prison time and lifetime of registry kind of scummy and disgusting.

*like*

[Jacob]

Legally 15 year olds cannot consent to sex.

Not true in Canada.

For example, a 14 or 15 year old can consent to sexual activity with a partner as long as the partner is less than five years older and there is no relationship of trust, authority or dependency or any other exploitation of the young person. This means that if the partner is 5 years or older than the 14 or 15 year old, any sexual activity will be considered a criminal offence. There is a narrow exception for couples who were married before 2015, and one of the spouses was under the age of 16 at the time of the marriage.

There is also a "closeinage" exception for 12 and 13 year olds: a 12 or 13 year old can consent to sexual activity with another young person who is less than two years older and with whom there is no relationship of trust, authority or dependency or other exploitation of the young person.

http://www.justice.gc.ca/eng/rp-pr/other-autre/clp/faq.html

[The Brain]

Swedish age of consent is 15.

[dps]

There's simply a disturbing feeling that the way the laws work, if 2 people get drunk and have sex, then the guy is a rapist because the girl couldn't give consent, even though the guy also couldn't legally give consent, either, so why is he a criminal and not her as well?  That doesn't appear to be the situation in this particular case, but the laws seen to allow that sort of double standard.  And I'm using (or mis-using) "the laws" to mean not so much what the various laws on the books actually say as much as how those laws are open to being mis-used by the police and prosecutors either through malice or incompetence.