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- Jan 14, 2013
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So I'm still very hazy on your definition of "blacked out" because now you're using sloppy drunk as a synonym for "blacked out" and I know that's wrong. I and my friends have been sloppy drunk before and never had black outs. So they are not the same and that means I'm still not fully understanding what your definition is.
It's definitely not wrong. You can be sloppy drunk and not blackout. You can't be blackout drunk and not be sloppy. Sloppy drunk describes behavior. Blackout describes a level of drunkenness(by the outcome really). I've never in my life saw a person that ended up being blackout drunk that was not sloppy. Don't think it's possible to get that intoxicated and not show the effects.
Hopefully this will clear it up, I'll give you an anecdote. A buddy of mine had not been drinking for long so he had a low tolerance but he decided to drink an entire bottle(1L) of rum by himself at a party one night...and continued to drink other things. When he got to the point of blackout drunk(that point was relayed to me in the morning when he asked what had happened after that point), he was still capable of having a conversation(slurring his words but still easily understandable and coherent), he was capable of walking(obviously, he did not have good balance and was swaying some) and he was capable of doing most things at a competent level. He danced with a girl, had conversations, and could even jog(not well, though).
At one point, he was talking to two girls that were friends. One was good with it, the other was not. He had an arm around both. He wasn't really picking up on non-verbal cues or aware of anything beyond what he was focusing on so he wasn't really picking up on the fact that the one girl was getting really irritated by him having his arm around her while talking to her friend. I was drunk but not wasted or sloppy. I tried to get him to walk away since I could tell the one girl was getting mad but he grabbed a railing behind him and had the strength and coordination to refuse to move even as I pulled him. Eventually, I got him to let go and leave.
Anyways, just because you're blackout drunk does not mean you are non-responsive or near comatose. You just don't remember what happens. Most people when they're blackout drunk are able to function as well as any wasted person can until they continue to drink and ultimately pass out or stop drinking and sober up.
It's hard to explain but as I said, you're confusing blackout with passed out. It's a very different thing. Blackout drunk solely means that you got to a level of drunkenness where you won't remember what happened the next day. It does not mean you are so impaired that you can't function.
You have my head spinning and I'm getting too dizzy to talk about that anymore but I will ask you one more question. The quote I posted above doesn't seem to jibe with your earlier statement which I'll post now:
In the way I'm using it, the girl would still be conscious and able to function/be responsive...she'd just be really drunk and not remember some or most of the details in the morning. Does a person have the capacity to give consent in that situation? I doubt it.
You say you doubt they would have the capacity to give consent which would make it rape and yet in the 2. quote above you're using the same state to say it's mutual consent because they somehow managed to reach that state or close to that state at the same time or around the same time and thus are both equally unable to give consent which would make it consensual. Or maybe they raped each other.![]()
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Simple. The legal definition of capacity would tell you that a person that is severely intoxicated cannot consent. That is why I say, "I doubt it". I am speaking strictly from a legal point of view. I then gave you my PERSONAL point of view that if two people are severely intoxicated, I think it's an unfair double standard to say a man raped a woman if both were open to the sex in their drunken state. Because using the legal basis for capacity, neither could give consent so both are guilty of rape.
This is not including situations where the girl protests, is non-responsive, or unconscious.