florida, and actually, i'm looking for one. i might be mistaken. technically,
quote:
(4) A person who commits sexual battery upon a person 12 years of age or older without that person's consent, under any of the following circumstances, commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115:
(d) When the offender, without the prior knowledge or consent of the victim, administers or has knowledge of someone else administering to the victim any narcotic, anesthetic, or other intoxicating substance which mentally or physically incapacitates the victim.
you have to get her to drink (to an undefined point of incapacity) without her consent, or
without her knowledge. meaning if she's not aware of how drunk she is... i think in reality, and in court, you'll find that simply being intoxicated to a certain degree renders a person unable to legally give consent, and thus it's statutory rape. buying a person alcohol to get them to this point just looks incredibly suspicious. see for instance, the uf police's advice:
quote:
Date/Acquaintance rape occurs when an individual is forced by someone he or she knows to participate in unwanted sexual activity. ...administration of alcohol or other drugs ... is often present in an acquaintance rape situation.
quote:
*Be aware of your date. Having sex with someone who is mentally or physically incapable of giving consent is rape. If you have sex with a woman who is drugged, intoxicated, passed out, incapable of saying "No," or unaware of what is happening around her, you may be guilty of rape.
Page not found » UF Police Department
or johnson and wales:
quote:
” It is your responsibility to make sure that anyone with whom you have sexual contact is fully aware of the situation and has actively given consent! “Consent” means a voluntary agreement to participate in sexual activity and requires mutually understandable and communicated words and/or actions demonstrating such agreement. A failure to object does not mean that the other person has consented. For example, a person may be unable to consent if the person is under the influence of alcohol or drugs.
404 | Johnson & Wales University
date rape cases are very, very tricky to argue either way, and this is one of the reasons. the only reason the "i changed my mind the next morning" matters is because the person is then sober -- and because they have to object to actually bring a case. having sex with someone without their
informed and non-intoxicated consent is always rape.
Edited by arachnophilia, : No reason given.
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