Sexe fingers darte tolking
However, it should suffice for the purposes of this brief essay to go with an intuitive view of proper consent which involves the person having the capacity to understand the situation and the ability to consciously agree.
Setting aside the complexities of the matter, I will now turn to the discussion of intoxication.
Naturally, I could be justly chastised for being so careless—but this would not change the crime.
A third paradigm case is that in which a person is unimpaired and gives consent—this is a clear case of consensual sex.
Somewhere in this large territory lies the point at which a person loses her consent agency and is incapable of actual consent.
One obvious problem with finding the boundary at which consent agency ends is that this point might occur well before a person has lost the capacity to engage in behavior that would indicate clear consent by an unimpaired person.
Intoxication is, obviously enough, a proportional impediment to agency of consent.
Continuing the analogy, if I pass out in a drunken stupor and someone takes my wallet, she has committed theft.It is worth noting that a decent person would certainly take into account apparent intoxication and out of a sense of ethics or politeness refuse to accept what seems to be offered freely. ” I certainly would not take his car—even though doing so would hardly be theft.To use an analogy, if one of my friends is drunk and says “I love you man, here take my car. Likewise, if a woman is drunk but making it clear she wants to have sex with a man, the decent thing for the man to do is refuse, escort her safely home and, if necessary, guard her from the less virtuous when she passes out.From an oversimplified moral (and also legal) standpoint, rape is sex without consent.Consent could be lacking for any number of reasons, but the focus here will be on the impact of intoxication on a person’s ability to given consent.
Since this agency can be impaired rather than merely eliminated, there is the rather important matter of sorting out at what point consent agency is lost.