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Half-baked thought #2
blaisepascal
The law, and society in general, should not consider voluntary intoxication (beit from alcohol, marijuana, cocaine, or other intoxicants) to be a mitigating circumstance or otherwise a reduction in responsibility for the results of ones actions.

Uncertain: How, or if, a distinction should be made between consenting-to-otherwise-unwanted-sex-while-drunk and consenting-to-tortuous,--criminal,-or-dangerous-acts-while-drunk. Currently, the former is considered by some to be date-rape because of the diminished capacity to meaningfully consent while drunk. What is the a moral difference between "I'm so drunk I'll let you do me without a condom." and "I'm so drunk I'll ride the human catapult."? Is there one? Clearly there is a distinction between saying yes when heavily intoxicated and not saying no while insensibly intoxicated.

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I don’t know about the law in general, but I do know about in my area since it comes up fairly frequently in the course of work. The law here does not consider voluntary intoxication to be a mitigating circumstance.

To use your example of unwanted or unsafe sex, (though generally it’s only a matter of personal regret, not a matter of law unless there are extenuating circumstances such as one of the parties being underage), if the sex without a condom results in a pregnancy, both parties are responsible whether they were drunk or not.

If, however, you are involuntarily intoxicated, the law does have some leeway. A person who had a drug put into their drink without their knowledge could certainly make a case for date rape. Another example is when medication has an unexpected affect or exacerbates an underlying mental condition. There are cases of people who have been routinely put on antidepressants after a heart attack who have tipped into mania.

Alcohol is a legal drug. There is wide knowledge of its effects. If you know, or should have known what effect drinking until you are shitfaced has, the law has little sympathy for you. Illegal drugs, of course, are illegal so saying you couldn’t have known cocaine would affect you like that is not going to be much of a defense. Society, on the other hand, appears to have much more tolerance for the “I was totally drunk” excuse, at least for a while. But there’s a big difference between an “excuse” and a “defense”.

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