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In reply to the discussion: Are drunk people allowed to have sex? [View all]Major Nikon
(36,922 posts)It's in .doc format. If you are able to open it you can see that practically every state has differences in how they define the law. I think for most states if the victim is asleep or otherwise unconscious, mentally or physically incapacitated, unaware of what is happening, or administered an intoxicating substance without their knowledge, then consent can't be given. Then you get into coercion, age, and all sorts of other things that vary widely from state to state. Then various case law further define what all of those things mean. You are correct in that anyone with sound judgement should stay well inside the law rather than trying to ride the fence, but some suggest that the legality of it is a simple matter and that's just not true. It's not a simple subject that can be fully explained in simple terms because much of it depends on where you happen to be standing.
http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&ved=0CCoQFjAA&url=http%3A%2F%2Frelieffundforsexualassaultvictims.org%2Fresources%2Fsexualassaultchart_NCVLI-D.doc&ei=hE2uUpi7G8qD2gWoiIG4CQ&usg=AFQjCNHCtD-_t85pSYme3Nu5-S1yq4Oj0w&sig2=vn7agwxfKXgfDnHWaWgFNA&bvm=bv.57967247,d.b2I
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