Wall Street Journal thinks that rape is not a crime or that women are criminals for being raped.

[passiveporcupine]

96. I think people need to get on the same page with the word "drunk"

Last edited Wed Feb 12, 2014, 09:36 PM - Edit history (1)

the definition of drunk is being intoxicated to the point you have impairment of physical or mental faculties. If you are intoxicated, but you are both consenting (with your body language, and/or verbally) then it is consensual and not rape. If you change your mind and say no at any time, the other person needs to stop.

It doesn't matter if you are intoxicated, it matters how intoxicated. If you are lucid enough to actively and willingly participate in the encounter, that is considered consent. If you are too incapacitated to actively participate or give verbal consent or denial, you are not able to give consent.

"The law says each of us is responsible for making sure our sexual partners are giving their free consent to what we want to do. The law says you must have a ‘reasonable belief’ that the other person wants to do what you want to do. A reasonable belief is something active. You must go on their body language as well as their words. If in doubt, ask!" *

"Diminished capacity exists when an individual does not have the capacity to consent. Reasons for this inability to consent include, but are not limited to: sleeping, drugged, passed out, unconscious, mentally incapacitated, etc.

It is important to understand diminished capacity because oftentimes victims of sexual assault in these situations blame themselves because they drank, did drugs, etc. It is essential to emphasize that it is not his or her fault, that the aggressor is the one who took advantage of his or her diminished capacity." **

If you ask me, if two people are actively engaging in sex, even while intoxicated, they are giving consent. Actively participating is consent. If only one is, that means the other has diminished capacity to participate or to say yes or no, and therefor it would be wrong to continue it. There is no consent from that party, either physically or verbally.

the information quoted above came from these two links:
* http://www.galop.org.uk/wp-content/uploads/2011/11/Consenting-To-Sex-A4.pdf
** http://www.rainn.org/get-information/types-of-sexual-assault/drug-facilitated-assault

I suggest anyone who is "confused" contact the Rainn.org to get more clarification privately.