BBC NEWS | Wales | Drunk consent rape case scrutiny: “Jennifer Temkin, a professor of law at Sussex University, said it would be a tricky area to clarify.
‘If you have sex and you consent to it when you are drunk then that isn’t rape,’ she told BBC Wales.
‘If someone has sex with you when you are unconscious then that is rape.
‘The really difficult area is in between, where the person is so drunk they are not unconscious and are so drunk that they are not really able to consent.
‘What happens in these cases is that the defence will try to argue that this person did consent and she can’t get out of it just because she was drunk.’ “
What a tricky and controversial topic this is… On the one hand, no woman who was drunk when she was raped wants to feel that her case is worthless due to this ruling. On the other hand, no man wants to worry about sleeping with a drunken woman in case she calls it rape when she sobers up.
And what exactly does ‘consent’ entail? Drunken sexual encounters are more likely to arise out of a series of drunken snogs and fumblings before turning fully sexual and much less likely to involve a detailed question and answer session regarding intent, consent and approval. And even if the conversation does take place, what if it is not remembered the next morning?
Dangerous ground all around.