So I asked about consent while drunk in another question and the response was that you cannot consent while "blackout drunk" but if, hypothetically, both parties are really drunk, regrets having it, (or maybe even if they don't.) Who is the guilty person? both of them are drunk, pass the the point of being able to giving consent. So from my understanding neither can give consent. Meaning from my understanding technically they sexually assaulted/raped each other, right? Can they both parties be considered to have and/or be charged with simultaneously sexually assaulted/raped the other if both parties feel sexually assaulted/raped? or can only one of the two parties be considered the victim? Is there any case where one party begins to charge the other with sexual assault/rape and in response, because they both where drunk passed the point of consent, the second party responds with similar or the same charges on the first party in retaliation? How would a hypothetical case work? As you can see I am very confused about the legal ramifications about sex where both parties aren't legally allowed to give consent due to alcohol.
I don't do that.
AVVO is a forum for folks with real world legal issues to seek guidance and generic advise; it is not a discussion panel, a legal research mechanism, a study tool or a place for hypothetical conversation.
If you want to know "If both parties while sober gives consent and then both get super drunk and feel sexually assaulted who is in the wrong?" then Google it.
My time is valuable and is reserved for real world folks who need help with with real world problems.
I can't speak for my colleagues but I am not here to satisfy your curiosity.
My advise: Don't have sex with anyone who you do not know and who does not have a history of consent, do not drink yourself into a state where you or someone else is incapable of thoughtful consent and if there is any question in your mind then you are running risk regardless of your warped thought process.
That said, wishing you good judgment luck and of you ever find yourself in a position where you need real world legal advise for a real world legal issue then I'll be happy to help if I have the knowledge.
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