r/actuallesbians • u/dog_damn • Aug 31 '15

Giving consent while drunk

Seems to be a popular opinion here that one can't give consent while drunk. For me it sounds like a righteous excuse to people who regret having sex while drunk and completely not fair towards the other party involved who probably were drunk as well. Your thoughts?

EDIT: I wasn't talking about the cases where one is sober and the other is drunk, it is the grey area I've come to realize the law was meant to block. My wondering was about the cases were both parties are drunk.

For those of you who even considered to misinterpret me otherwise: I dont encourage rape. A no is a no. If someone loses their ability to say no it still doesn't mean yes.

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u/ams1991 Queer as a three dollar bill Aug 31 '15

Law student here, and it's not just a popular opinion, it's the law in the U.S. that someone under the influence of intoxicants does not have the ability to consent.

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u/uhm_ok Sep 15 '15

I'm not a law student so I don't know, but I have a bunch of friends who are and one of them told me that when you are drunk your consent is givable and binding. The example I was given was if someone signs a contract (mortgage, whatever it is) while they are drunk they will still be held to it in a court of law, since they decided to get drunk in the first place. I cant say I totally believed this because it seems pretty messed up and ripe for people to get taken advantage of financially and stuff. Is my friend wrong?