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To Prevent Rape We Need To Rethink How We Do Sex

A person can only consent to sex if they have the freedom and capacity to choose to have sex (this is in the Sexual Offences Act 2003). If they are very drunk, they might not have capacity to make this choice. It will always be a matter of degree. You can consent when drunk. But, at some point, a person becomes too drunk to consent – they lose capacity. And they can lose capacity well before they pass out (this is in the Court of Appeal decision of R v Bree). This means that if someone is very drunk – maybe they are sick, they are disorientated, they are having trouble walking – they might lack capacity to consent. In many cases, both people will have been drinking. In determining whether a sexual offence has occurred, it will always be a question, then, of whether or not each person had capacity to consent. If one person is so drunk they lack capacity to have sex, then they will be the victim. The person having sex with them might be drunk, but if they have not also lost capacity, then they will be the perpetrator. It is no defence to a sexual offence that you were also drunk.

Article source: http://www.huffingtonpost.co.uk/alice-irving/preventing-rape-drunken-sex-norms_b_12910370.html?utm_hp_ref=uk-politics&ir=UK+Politics