Intoxicated Sex is Not Rape

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Is intoxicated sex not consensual sex? It is clear that most people would quickly respond with various signs of affirmation which all center around the statement: “of course, intoxicated sex is not consensual sex.” This is the reigning viewpoint among many ethicists, who take up a huge percentage of our society, who argue that alcohol use impairs a person’s judgment. Because of this, the decisions one makes while intoxicated are decisions that have not been adequately contemplated. Consequently when a person agrees to engage in sexual intercourse while under the influence of alcohol, one is unable to give full consent to such a big decision. These same ethicists argue that full consent is necessary in order for sexual intercourse to not be categorized as nonconsensual. . Most people use this ethical viewpoint as the basis for condemning all forms of intoxicated sex. This is where controversy arises. While some believe that sexual activity under the influence of alcohol is considered rape, it in fact is not in certain cases because by one consuming alcohol, they are agreeing to everything that comes with it, whether that may be good or bad; therefore some cases involving this situation should not be categorized as rape.
According to the United States Department of Justice, “nonconsensual sex is rape”(United States), which means that there is no nationally accepted definition for rape. However, the US military has an official definition that coincides with many Americans viewpoint: by one or both parties being under the influence of a drug, intoxicant, or other similar substance and thereby substantially impairing the ability of that other person to appraise or control conduct. (United States)
Recently however, law interpreters h...

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