Men's Group
In reply to the discussion: Are drunk people allowed to have sex? [View all]
Major Nikon
(36,922 posts)Here are the facts that I have read. I'm just stating facts as I know them and not making any judgement calls as to whether or not she was raped. The 911 call can certainly lead one to believe she may have been raped, but I'm not so sure how one could make a case for even basic intoxication, much less to the point of mental or physical incapacitation.
Her own friend said she wasn't intoxicated when she left the bar and reportedly they had sex soon after arriving at the apartment. She can also be heard talking in the background of the 911 call. Her friend said she had been hit in the head which may explain why she was said to have blacked out. Her friend also said she was "OK" for whatever that means. In Florida, rape is called 'sexual battery' and it is defined below. Note that "mental incapacitation" (which is a pretty advanced state of intoxication) only applies in Florida if it happens without consent. If someone willingly gets drunk, then the legal standard appears to be unconsciousness, or physical incapacity.
• “oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object” on a victim who is > 12 years old, without consent AND
• “victim is physically helpless” OR
• offender coerces the victim by force or threats of force “likely to cause serious personal injury” OR
• offender threatens retaliation OR
• offender gives or knows the victim was given, without consent, intoxicants “which mentally or physically incapacitates the victim” OR
• victim is mentally defective and offender knows OR
• offender is law enforcement officer and acting as such
Sexual battery in the 2nd degree:
• “oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object” on a victim who is > 12 years old, without consent AND
• NO force or threats of force “likely to cause serious personal injury” was used
Here is how consent is defined:
“intelligent, knowing, and voluntary consent and does not include coerced submission”
“shall not be deemed or construed to mean the failure of the alleged victim to offer physical resistance to the offender”
Incapacity
“mentally defective”: “mental disease or defect which renders a person temporarily or permanently incapable of appraising the nature of his or her conduct”
“mentally incapacitated”: “temporarily incapable of appraising or controlling a person’s own conduct due to the influence of a narcotic, anesthetic, or intoxicating substance administered without his or her consent or due to nay other act committed upon that person without his or her consent”
“physically helpless”: “unconscious, asleep, or for any other reason physically unable to communicate unwillingness to act”
“physically incapacitated”: “bodily impaired or handicapped and substantially limited in ability to resist or flee”
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