The law on sexual consent, as it stands, is that if a person is above a certain level of intoxication/inebriation, there is a presumption that he/she is incapable of giving consent. Before engaging in sexual activity with someone, it is therefore the responsibility of each party both (a) to obtain consent and (b) to ensure that the other party is in a state where he/she is capable of giving it.
So what happens if BOTH parties are drunk? Seriously I can't get my head around this law - if, following drunken sex, the man claimed he had been raped because he wasn't in a position to give consent, could the woman counter-sue because she was equally drunk? In which case isn't sex between two drunk people always rape?
Someone help me out here. 
What sort of family would you not want to marry into?



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