Quote:
Originally Posted by filthyvermin
this is unbelievable. so anyone who drinks can then be raped after?
not familiar w/ the details of the case, but
generally, you can't argue "diminished mental capacity" if you voluntarily diminished your own mental capacity
so for eg, I can't get loaded, beat up a guy, and then say "I was drunk, it wasn't intentional"
if her testimony was "yeah, I consented, but only because I was drunk", then she is basically arguing diminished mental capacity
if she is drunk and says "no", then the "Voluntary Intoxication" doctrine would not apply and the dude could be convicted
Last edited by iamnotawerewolf; 03-29-2021 at 03:28 PM.