Quote:
Originally Posted by Low Key
...extreme drunkenness is pretty easily identified, even when you're a few sheets to the wind, and the level of incapacitation can certainly vary. But if you're at a point where you're passing out or vomiting, I think it's a safe call that you are, for all intents and purposes, incapacitated and unable to consent.
She wasn't passed out, she made two attempts at escaping her dorm and once she arrived at his place, went down on someone she was probably very attracted to.
Should he have let her? Eh, probably not, it's usually trouble and guys don't need to view every sexual opportunity as their last sexual opportunity. A big part of that knowledge derives from lessons learned from the days you were less smart.
I also wonder if the school might have acted differently after the fact if their own climate were different (we do know that they had been for a long time), but maybe not since she was a minor on their campus and they do, arguably, have more of an obligation to her. The description of her dorm situation sounds rather like a minimum-security prison, between that and the awareness training I don't know that there are more precautions they could be reasonably expected to take.
There are limits to any policy's ability to get everything exactly right, especially in adversarial situations where any decision will be to the the detriment of one side -- if you apply discretion the losing party will argue you discriminated against them. If you make a blanket rule with no exceptions you leave no space for drunken hookups where there is a clear meeting of the minds, but you can at least say you were following your policy.
My wish is for women's agency to be given more recognition than it's getting -- sometimes that agency will lead you to down bad paths but that's how you mature into self-mastery and determine whether casual sex is your thing. Had John been surreptitious in his attraction to Jane, or had he known she was a minor, or had he been the one feeding her the vodka, I would feel like there was exploitation here, but he didn't: they were two drunk young people who had been making out in front of everyone and wanted to bang so they did.
I do agree that it would be nice if he had been a gentleman-- that advice will never let him down-- although I would submit that's an unreasonably high
minimum standard since it requires a denial of female agency or desire to a degree I am personally uncomfortable with, if the idea is that everyone but the woman is variously in charge of her purity, even when she herself is determined to have sex. If it was a mistake, it was hers to make. I don't think she considered it to be a mistake initially, though.
I'm ok with the school determining that's not the kind of sex they want people having on their campus, however using inebriation alone to determine "fault" for some sex between two people presupposes that fault is there to be assigned in any case where there is inebriation. Do you understand what I'm saying?
Last edited by Poker Reference; 06-06-2014 at 02:06 PM.