An amazing display of jurisprudence…eh what?
[quote] Drunk women can consent to sex, judges rule
By Joshua Rozenberg, Legal Editor, Last Updated: 2:27am BST 27/03/2007
Sir Igor Judge: rape ruling
A drunken woman can still consent to sex, the Court of Appeal ruled yesterday.
Three senior judges were giving reasons for clearing a 25-year-old man of raping a student, aged 19, after both had been drinking heavily.
Sir Igor Judge, sitting with Lady Justice Hallett and Mrs Justice Gloster, said sex would amount to rape if the complainant had lost her capacity to choose as a result of drink.
“However, where the complainant has voluntarily consumed even substantial quantities of alcohol, but nevertheless remains capable of choosing whether or not to have intercourse, and in drink agrees to do so, this would not be rape,” he said.
The judges could not set a level of alcohol consumption that would negate consent, they explained.(more at link)