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A comment on My experience with sexual harassment in the Scala community. Parent comment

Re:My experience with sexual harassment in the Scala community by fabian2k on Tuesday April 27, 2021 @05:40PM (#26962014)
A person that is in an incapacitated state is not able to consent, in that situation the burden is entirely on the other person. Just because someone is not able to say no doesn't meant they did consent.

I'm talking about close to blackout drunk, heavily incapacitated, not slightly tipsy.

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Re:My experience with sexual harassment in the Scala community by eloff on Tuesday April 27, 2021 @06:32PM (#26962741)
So question then, what if the other person is equally incapacitated?

What if the other person believes the incapacitated person is not so far gone as to be unable to consent?

Is consent only consent if you give a breathalyzer test in front of a witness?

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