According to the Canadian Criminal Code, (self-induced) intoxication is no defence against charges of assault (33.1): if you\u2019re drunk, you\u2019re still able to form the general intent to commit said assault.<\/p>\n

And yet, with regard to the sub-category of sexual assault, belief that someone is consenting is cancelled if that someone is intoxicated (273.1(2)): if you\u2019re drunk, you can\u2019t consent to sex.<\/p>\n

So if you\u2019re drunk, you\u2019re capable of forming the intent to assault, but you\u2019re not capable of forming the intent to have sex?  Given that it\u2019s mostly men who do the assaulting, and it\u2019s mostly women who do the consenting (and given, it\u2019s my guess, that the lawmakers had men in mind for 33.1 and women in mind for 273.1(2)), is this some sort of \u2018protect the weaker sex\u2019 double standard?<\/p>\n

Hey, if we expect men to foresee the effects of alcohol and to be responsible for their behavior while under its influence, we should expect the same of women.  Yes, it may be morally wrong to have sex with someone who\u2019s drunk, even though she\u2019s climbing all over you and moaning \u2018do me\u2019, especially if you suspect that if she were sober she wouldn\u2019t be quite so willing \u2013 but you\u2019re not her legal guardian.  \u2018Yes\u2019 means \u2018yes\u2019 and if she regrets it the morning after, that\u2019s her<\/em> headache.  Doing something really stupid is the risk you take when you get drunk (unless you\u2019ve got a dependable designated sober friend with you).<\/p>\n

If while drunk she says I can borrow her car, and I do so, am I really justly accused of theft?  Am I my sister\u2019s keeper?  She said I could.  Do I have to second guess her?  She may well say I can borrow her car when she\u2019s sober too.  Or not.  Am I supposed to know?  (Aside from it\u2019s not always easy to tell if someone has had \u2018too much\u2019 to drink.)<\/p>\n

The only way the difference can be justified is if in both cases we consider the man to be the agent, the only one doing the deed.  In the first case, that\u2019s fine.  But in the second?  Well, okay, if she\u2019s the one done to, I guess, maybe, he\u2019s the only one who\u2019s guilty.  But the tricky part is that then the legality of the deed depends on her behavior.  If she, drunk, does to him, she\u2019s<\/em> the one guilty of assault while intoxicated.<\/p>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

According to the Canadian Criminal Code, (self-induced) intoxication is no defence against charges of assault (33.1): if you\u2019re drunk, you\u2019re still able to form the general intent to commit said assault.<\/p>\n

And yet, with regard to the sub-category of sexual assault, belief that someone is consenting is cancelled if that someone is intoxicated (273.1(2)): if … <\/p>\n

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