Drunk during sex

fun-guy

Executive Senior Member
Jun 29, 2005
7,272
3
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Can anyone legally define what drunk is? Anything over .08? How does one prove that a lady had or didn't have the capacity to consent, just by looking at her actions, which is subjective, or does it have to be legally defined?
 

buttercup

Active member
Feb 28, 2005
2,565
11
38
I still call bullshit... a bar with a responsible bartender is not the only place you can get drunk.
According to your example, if I choose to get drunk at my private home I first have the responsibility to offload my keys to my allegedly responsible neighbour to keep safe for the night.
Having the barman put your keys in the safe was just one example, obviously. Another would be to drop your keys down a drain. Putting your keys somewhere where you still have reasonable access to them (like handing them to your buddy) is not enough.

You make a good point, though. There you are, in your private home, the carkeys being there with you, the car in the garage -- do you have a legal duty to stay sober? The answer must be, No. But I don't know why. There must be cases on it. No doubt others know the legal reasoning.
 
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