Can an individual consent to sex, with the freedom and capacity to consent, when they are drunk?
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Hint
Think about people’s decision-making ability when they are drunk. When we looked at consent we looked at ‘capacity’. Would a person have ‘capacity’ if they were drunk?
Question 2 of 3
2. Question
Does it make a difference how drunk they are?
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Hint
Again this is a question of ‘capacity’. Have a think about how different amounts of alcohol might affect your ability to make decisions. Would this impact your ability to consent?
Question 3 of 3
3. Question
What do you think the problems are if both parties are drunk? (select all that apply)
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Hint
Think about what could happen if both people drunk. What would happen if someone claimed after that they did not consent?