Excellent decision.
Otherwise, "provisions intended to protect women from sexual assaults might very well be conflated into a system which would provide patronising interference with the right of autonomous adults to make personal decisions for themselves".
Honestly, I don't know too many people keen on sex after they upchuck. Puking tends to sober one up--it definitely reduces the delirium of being drunk; as such, I don't buy that she was less inhibited. This sounds like rape to me, but all involved were idiots.
I plead the fifth.
Sir Igor Judge. Born to be a judge, I guess.
Do I have this right? Both the woman and man were drunk. If she is excused from her consent because of it, than he should be excused for the same reason.
(Sounds of applause from drunk women everywhere)
I seem to recall that being the case in college. They were always consenting after 1/2 a beer.
Hey, if you're responsible for your actions driving while drunk, what's the difference in having sex while drunk?
20 years ago I would have been praising the judge but now that I know better I think he needs his head examined.
I've said it before and I'll say it again: give somebody booze, a loaded gun, or a big pile of money and you'll soon find out who he (or she in this case) really is.
If they couldn't I'd have been guilty of rape every time.
It's a moot point, because drunken men cannot perform, no matter what the judge rules.
I guess they'd have to prosecute thousands of college frat guys who take advantage of freshmen girls then.
I've always disagreed with the premise that a man and a woman can drink together, both get equally drunk, have consensual sex, and then the next day he can be charged with rape because she was not legally responsible for her actions but he was.
"Sir Igor Judge, sitting with Lady Justice Hallett and Mrs Justice Gloster, said sex would amount to rape if the complainant had lost her capacity to choose as a result of drink.
"However, where the complainant has voluntarily consumed even substantial quantities of alcohol, but nevertheless remains capable of choosing whether or not to have intercourse, and in drink agrees to do so, this would not be rape," he said. "
phew!
I've been on pins and needles over this decision - wondering if I was married to a "rapist" after what happened that night we went to the winery.
Ok...hubby is in the clear.
drunk men do all the time.
now that's equality!
One must remember that the high tax rates in England are scaring away their best and brightest men. The judges had to come up with *some* justification why men should stay under Her Majesty's crown. Shrewd move, Brits! Decadent but shrewd.