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fluoridation 2 days ago

If a drunk person can't consent to sex because their judgement is impaired then they can't consent to anything, because their judgement is impaired. Why would sex be different from any other social interaction?

tgv 2 days ago | parent | next [-]

If someone can't consent to anything, can they be allowed on the street? Or even to stay in the same house as others?

I think it isn't black and white. There are acts which carry a greater responsibility than others, and there are levels of inebriation (the word itself already implying different levels of soundness of mind). Driving a car can be dangerous to self and others, hence is forbidden from a certain level of intoxication; sex is complicated, and is generally, widely accepted to require some form of consent in many countries, hence it becomes more problematic as the alcohol level rises.

0xbadcafebee 2 days ago | parent | next [-]

Worth reminding the casual reader that the word 'consent' doesn't mean what most people today think it means. The word's definition only means "permission for something to happen or agreement to do something". But a modern colloquial definition created in last decade and a half means "i am of sound body and mind to be able to have sex without regretting it later". That very specific definition belies a misunderstanding of what's going on in context. Confusion about this meaning (and its implications) leads to conversations that can't be concluded logically. Because the use of the word 'consent' varies depending on the context, it requires modifier words to express a specific situation.

You can agree to things when you're drunk, obviously. But are you of sound mind and body to not regret that agreement later? That's a specific kind or quality of consent which actually has no official definition or modifier-word (even though it's what a lot of people mean). Examples of what I mean: Do you have enough information to consent without regretting it later? That's informed consent. Have you stated with words or documents that you consent? That's explicit consent. Have you already agreed to certain things when entering the bar (like the rules of the bar, and law in general)? That's implied consent. Are there some things you agree to and others you don't? That's granular consent. Do you agree to be part of my mailing list, or will you click this button if you don't want to be part of my mailing list? That's opt-in and opt-out consent (and passive consent).

But there is no modifier word for "I both have all available information and am of enough sound mind and body to not regret this decision later". Use of this meaning in the wrong context doesn't make sense. You don't need information or sound mind and body to agree to basic social conventions, like a greeting, or holding open a door. And you implicitly consent to things like the Law as an adult member of a country.

Because of the lack of nuance when talking about the concept of consent, it has created a lot of confusion and backlash. It would be less controversial if we had more specific terms of art, to accurately communicate ideas and come to more logical conclusions. I think most of us all agree on acceptable forms of conduct, but we talk past each other when words don't carry enough information.

david-gpu 2 days ago | parent [-]

> But are you of sound mind and body to not regret that agreement later?

People of "sound mind and body" sometimes later regret their choices. That sounds like an impossibly high expectation.

2 days ago | parent [-]
[deleted]
fluoridation 2 days ago | parent | prev | next [-]

>hence is forbidden from a certain level of intoxication

How can a person with impaired judgement be expected to make sound decisions relating to the consequences of their actions? You could say "well, the person should have known better while they were sober than to start drinking when they knew they'd have to drive soon", and I could use that same logic for sex.

zdragnar 2 days ago | parent | prev [-]

> If someone can't consent to anything, can they be allowed on the street?

Well, public intoxication is illegal where I live, so presumably no.

BriggyDwiggs42 2 days ago | parent | prev | next [-]

People can get really messed up if they feel like they were taken advantage of sexually. Thats why consent matters. For lots of social interactions that are less intimate, it really isn’t gonna hurt you if you regret them later.

fluoridation 2 days ago | parent [-]

See my response under a sibling comment. The consequences of consent being violated != whether consent can be given.

BriggyDwiggs42 8 hours ago | parent [-]

I read your comment just now, but I feel like it’s tangential to my point. I think whether someone agrees to something is very important in a legal/social framework, but not really the thing morally. The more important thing is whether harm is actually done.

someothherguyy 2 days ago | parent | prev | next [-]

https://www.justia.com/criminal/defenses/intoxication/

TimByte 2 days ago | parent | prev | next [-]

But I think the key difference is the potential for harm and power imbalance involved

fluoridation 2 days ago | parent [-]

You're talking about the consequences of consent being violated. I'm asking something different. If "the reason why a drunk person can't consent to sex is because their judgement is impaired", then there's nothing in that sentence that makes sex special. Replace it with anything else and it's equally true. "The reason why a drunk person can't consent to a loan is because their judgement is impaired." That the consequences of consent being violated in one instance or another are different doesn't change the fact that consent to anything has been defined as impossible in that situation.

1718627440 2 days ago | parent | prev [-]

I don't know how literal "saying hi" was meant here, but greeting doesn't need consent.

fluoridation 2 days ago | parent [-]

I didn't take it literally, either. My question is equally applicable if we replace "saying hi" with "participating in an experiment".

1718627440 2 days ago | parent [-]

Oh, I did. There are some human interactions you don't need consent for i.e. you have automatic consent by the people existing.