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The Forum > Article Comments > What is ‘sexual consent’? > Comments

What is ‘sexual consent’? : Comments

By Jay Thompson, published 8/1/2008

Identifying what 'sexual consent' entails will help us determine if an individual genuinely agreed to participate.

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Romany wrote:

"A man who is intoxicated to insensibility is simply not capable, no matter what he says in his drunken ardour, of the physical act of sex"

This implies that the sex is between a male and a female, what if the perpetrator of the act is male, and the act is homosexual, or even if girl on girl?

And no-one has said that a man, or woman, has to be drunk to the point of insensibility for consent not to be able to be freely given. I give another example: we don't let people drive with more than a certain amount of alcohol in their system. This is because brain function is impaired, and that is at .05 for an adult driver.

Lots of people can walk, dance and conduct a conversation at .1 or .15 without falling down. Does this mean that they are in a position to provide informed consent? Some are, some are not.

There can be further conditions: A person can say something like, whilst sober to a particular partner, : "lets get drunk and XXXX XXX XXXXXX XXX" then they both get drunk and have sex. The rules of the game are set and the game is ready to be played. However this consent is not given for others to joing in, unless this is also agreed beforehand.

So, it isn't simple. Just being drunk does not necessarily negate consent. I know of some women who feel they have to be drunk to enjoy sex, and want to be drunk and having sex.

However if someone takes advantage of someone's intoxication to initiate, then it is different.

Complicated, isn't it?
Posted by Hamlet, Monday, 14 January 2008 9:25:29 PM
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