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JoeyT

(6,785 posts)

99. What if we're both drunk and I want to sell you a truck.

Mon Sep 29, 2014, 08:20 PM

Sep 2014

You really want to buy the truck, and afterward you realize I sold you a beat to shit old 90s model Silverado for a half a million dollars. Should that agreement remain valid? Even, or especially, if it's in writing?

Cause I got a bunch of liquor and a truck I really don't need. Kidding.

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California adopts 'yes means yes' sex-assault rule [View all] alp227 Sep 2014 OP

Dangerous yeoman6987 Sep 2014 #1

Rape is more dangerous. nt valerief Sep 2014 #3

If the partner changes mind, STOP. Period. End of story. alp227 Sep 2014 #6

The legislation appears to recognize that there IS nuance to be had. Jim Lane Sep 2014 #20

They need to require verbal consent imo. ncjustice80 Sep 2014 #31

Would you apply that at each stage? Jim Lane Sep 2014 #83

LOL!! Sheldon Cooper Sep 2014 #23

How often do you think this scenario actually happens? Ash_F Sep 2014 #43

As an old prosecutor I have questions MosheFeingold Sep 2014 #78

That's ridiculous lunatica Sep 2014 #79

Well intention-ed stupidity... gcomeau Sep 2014 #2

No consent, no sex, period. As Reddit says, "change my view". alp227 Sep 2014 #4

+1000 TeamPooka Sep 2014 #5

What if two drunk people meet and decide to have sex? hack89 Sep 2014 #8

Their consent is not consent. alp227 Sep 2014 #13

So are both guilty of rape? hack89 Sep 2014 #15

Unfortunately, yes. alp227 Sep 2014 #18

So basically, being drunk absolves you of rape. Calista241 Sep 2014 #25

What do you mean by "absolves you of rape"? nt alp227 Sep 2014 #28

No. Ash_F Sep 2014 #50

I think the point is that it would be problimatic to prosecute both partners for kelly1mm Sep 2014 #101

I don't interpret the writing that way. Ash_F Sep 2014 #104

I guess that is the question then. How intoxicated is too intoxicated to be able to consent kelly1mm Sep 2014 #105

From the bill: Ash_F Sep 2014 #106

Again, is it not possible that BOTH people could be incapacitated to the degree kelly1mm Sep 2014 #108

As I have pointed out to others, it really comes down to the individual case, and the relevant facts Ash_F Sep 2014 #113

Ask yourself- ncjustice80 Sep 2014 #33

Ah yes - the patriarchy. nt hack89 Sep 2014 #34

Then there is no problem. Did you read the law? Ash_F Sep 2014 #49

I don't think it was rape hack89 Sep 2014 #71

I see. They may be reading something in the law that is not there. Ash_F Sep 2014 #72

check definitions ty lrellok Sep 2014 #77

The actual text of the bill is most relevant. Ash_F Sep 2014 #84

What if we're both drunk and I want to sell you a truck. JoeyT Sep 2014 #99

Yes, obviously. But the problem is gcomeau Sep 2014 #16

What do you mean by "intentionally"? alp227 Sep 2014 #17

YES. gcomeau Sep 2014 #24

We've gotta face it. That kind of stuff is PREDATORY. alp227 Sep 2014 #26

Uh-huh gcomeau Sep 2014 #30

Yes. jeff47 Sep 2014 #38

Wow... gcomeau Sep 2014 #40

Drunk to the point where they are unable to consent. jeff47 Sep 2014 #41

Sheesh... gcomeau Sep 2014 #46

Perps incriminate themselves with their own comments, most of the time Ash_F Sep 2014 #54

Kind of overlooking the fact... gcomeau Sep 2014 #55

Sigh...see post #49 Ash_F Sep 2014 #56

Sigh... See post 46. -eom gcomeau Sep 2014 #58

You haven't read the law yet. Ash_F Sep 2014 #60

You know, there's these things called "investigations" jeff47 Sep 2014 #59

so they are going to investigate possible rape every time two drunk college Doctor_J Sep 2014 #89

As a female, that went to college, I can't believe this will work.. OLDMADAM Sep 2014 #107

Like every female that has ever hit on me? lrellok Sep 2014 #75

Both parties are often drunk. Are they both sexual predators? Are they both victims? nt kelly1mm Sep 2014 #102

Why not restore prohibition? Or raise the drinking age? JPnoodleman Sep 2014 #109

So? Just because alcohol dominates consent alp227 Sep 2014 #116

Young people aren't responsible or capable... clearly... JPnoodleman Sep 2014 #118

Huh? Iamthetruth Sep 2014 #21

Personal responsibility...on whose end? alp227 Sep 2014 #22

No I do not Iamthetruth Oct 2014 #119

Why did you say "no"? alp227 Oct 2014 #120

You're taking it to the extreme Iamthetruth Oct 2014 #121

If a couple gets drunk and has sex without either giving affirmative consent, Nye Bevan Sep 2014 #9

Agreed. Stupidity - lots of us have mixed alcohol and carousing closeupready Sep 2014 #11

Have to reluctantly agree. reflection Sep 2014 #52

rape is anything that happens after no. how can someone roguevalley Sep 2014 #7

It can get confusing but RVN VET Sep 2014 #10

Girl ... or woman? Let's be real here - an 18-year-old female closeupready Sep 2014 #14

You'e correct, because at 18 she's considered an adult RVN VET Oct 2014 #127

this law seems to say that rape can be everything that happens after yes Doctor_J Sep 2014 #90

Gotta get it in writing. Notary recommended. candelista Sep 2014 #12

Don't forget the portable Breathalyzer or other method for testing blood alcohol content. (n/t) Jim Lane Sep 2014 #19

The Camera? MosheFeingold Sep 2014 #80

Just videotape the entire encounter, you know, for everyone's legal protection ...... kelly1mm Sep 2014 #103

Sounds like they're trying to legislate no sex after any consumption of alcohol. Calista241 Sep 2014 #27

No clear, honest consent = rape. Period. alp227 Sep 2014 #29

This is sorta ridiculous Calista241 Sep 2014 #32

I know this is an unpopular opinion, BUT... ncjustice80 Sep 2014 #35

It's not just unpopular, it's stupid. closeupready Sep 2014 #42

+1. candelista Sep 2014 #61

Do you realize the road you're going down? alp227 Sep 2014 #48

I don't think that's what they are saying. delta17 Sep 2014 #86

because the relationship between married folks is close enough they know their signals. alp227 Sep 2014 #92

Then why did you jump on the other poster? delta17 Sep 2014 #93

I admit: this subject is really sensitive. So I get rough when discussing it. alp227 Sep 2014 #94

Ok, sorry if I came across the wrong way also. delta17 Sep 2014 #96

How is "clear, honest consent" shown? candelista Sep 2014 #62

No offense Snow Leopard Sep 2014 #100

We sound like Repubs... Calista241 Sep 2014 #36

Rape is whats wrong with it. nt ncjustice80 Sep 2014 #37

That says nothing. candelista Sep 2014 #63

Feel free to provide your solution. jeff47 Sep 2014 #39

This law was clearly not jamzrockz Sep 2014 #44

Good thing I didn't say "unconscious" then. jeff47 Sep 2014 #45

There are no full proof jamzrockz Sep 2014 #51

Once again, feel free to provide your solution jeff47 Sep 2014 #57

He already did. candelista Sep 2014 #64

No, he recited some platitudes and some fantasy jeff47 Sep 2014 #67

Rapes were under-reported and under investigated by universities because Calista241 Sep 2014 #88

Yes, there is plenty of overlap here with Republicanism. candelista Sep 2014 #65

This may lead to the "authorities" coming back into the bedroom. The Stranger Sep 2014 #47

Jeez...the amount of dumb posts in this thread Ash_F Sep 2014 #53

From your link. candelista Sep 2014 #66

It is in the first sentence. Ash_F Sep 2014 #68

Not a useful definition. It doesn't say how consent is shown. candelista Sep 2014 #69

Laws regularly leave room for interpretation. This is not new or unique. Ash_F Sep 2014 #70

You are dodging the only important question. candelista Sep 2014 #73

Again, it would have to come down to the individual case. Ash_F Sep 2014 #74

In reality MosheFeingold Sep 2014 #81

Yeah...in reality. Ash_F Sep 2014 #82

In reality MosheFeingold Sep 2014 #87

Sure /nt Ash_F Sep 2014 #91

Why isn't rape an issue for the police? tuhaybey Sep 2014 #76

I feel similarly Ash_F Sep 2014 #85

true tuhaybey Sep 2014 #97

I couldn't agree more jamzrockz Sep 2014 #98

It would seem like it would be somewhat difficult to enforce in some cases, hughee99 Sep 2014 #95

Considering "refusing sex," counts as abuse on some campus'... JPnoodleman Sep 2014 #110

I would like a citation for your University of Michigan campus policy. Sheldon Cooper Sep 2014 #111

It appears to be a policy about ongoing relationships, not casual hookups. Jim Lane Oct 2014 #122

Thanks for the information. Sheldon Cooper Oct 2014 #123

I guess I could have been arrested numerous times WhoWoodaKnew Sep 2014 #112

Assemblywoman Bonnie Lowenthal, simply said, �Your guess is as good as mine.�... JPnoodleman Sep 2014 #114

Female asks, "Do you have a condom?" taught_me_patience Sep 2014 #115

I heard someone discuss an interesting problem with the law this morning. Xithras Sep 2014 #117

A rape acquittal would not be binding on the accuser Jim Lane Oct 2014 #124

The problem isn't the differing standard of evidence, but a differing standard of conduct. Xithras Oct 2014 #125

I don't agree. Jim Lane Oct 2014 #126