ext_8742 ([identity profile] morgan32.livejournal.com) wrote in [personal profile] briarwood 2008-06-30 08:03 am (UTC)

For example, the John/Dean story to me sounds like it should come with a statory rape warning at least.

Well, that's a legal standard and would vary a lot from place to place. Besides, if you're gonna get into the legalities it's also incest.

People constantly hook up with people at parties while both of them are drunk. Technically/Legally both have impaired judgement. There might not be one person taking advantage of the other, but if they are impaired then they do not have the ability to consent. Hence non-con technically.

Again, you seem to be talking in legal standards. In real life it can't be easy to get a rape conviction based on a two-strangers-drunk-at-a-party scenario, but that doesn't make it any less morally and ethically rape if the sex was in fact non-consensual. It doesn't make the trauma experienced by the victim any less.

There's a big difference between a person who goes out and gets wasted with the intention of getting laid, and a person who drinks too much and is taken advantage of as a result. True, the sexual partner in each scenario may not be aware of the difference, or may be just as impaired, but the act is still non-consensual and in real life should be treated as rape. Maybe not to the extent of getting someone arrested - in reality that always depends on what can be proven.

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