I’ve been taking drivers education lately, and one thing I’ve learned is that driving demands a fair amount of a person’s attention. Repeatedly hammering the point, I am taught that alcohol reduces your reaction time and ability to make decisions, causing you to be a hazard on the road. Driving demands skill that is diminished by alcohol.
But… sex doesn’t. As a proud virgin who has watched many a porno, I think its fairly obvious that no reaction time is really ever necessary for humping. People are perfectly able to have sex while drunk, that’s why we have a law against drunk driving, but not a law explicitly against drunk sex (unless the feminists had their way).
If a drunk driver crashes into a tree, we don’t blame the tree. The tree was always there, it was just as deadly before and after you got drunk, there is no mistake about what a tree is.
And the reason we blame the drunk driver, EVEN WHEN he lost his ability to make sound decisions, is that he already made the decision WHEN HE WAS SOBER to get drunk in a situation where he might have needed to drive. Consent did not start at the curbside when the car was rocketing towards the tree at 70mph, consent started in part when he chose to drink, and later in part when he chose to enter the car after being drunk. Of course, under the rule of law, the host of the party can also be liable for allowing the drunk to become a driver… but the drunk driver himself is NEVER NOT TO BLAME.
I think consent can be given even when alcohol is involved. When you drink around your date, there is an implication of trust. You give part of your consent waaaay before you ever reach the bedroom, at the alcohol counter, when you are knowingly putting on the beer goggles. Any reasonable person would recognize exactly what you are setting yourself up for. By knowingly consuming the drug, you are consenting to your later drunk decision.
Now, obviously rape can still happen when drunk. If A demands sex from drunk B and B says “no” and A still proceeds, then it is rape. BUT, if B drank without negative coercion, in a situation where sex was reasonably be expected to happen (date/party etc), and then complied with A’s proposition, THEN IT IS NOT RAPE. Full faculty is NOT required for answering the question “do you want to get your rocks off”, we don’t require people to be completely sober when consenting to bungee jumping, we don’t require people to be completely sober when buying something in a shop.
Deciding to get drunk is giving consent. If you decide to drink even while a salesman is pushing his product, it’s your own fault that you end up spending $1000 on a deflatable table with cup holder. The salesman cannot be to blame if it’s your signature on the cheque.