Tag Archives: rape

The legal question is: Was the person incapable?[1]Not everyone who has been drinking or taking drugs is incapable.If you don’t remember, that blank memory, by itself, does not mean you were incapable...

Many Australians made up their minds long before the Court made a decision. Their reasons may be very different to the judge’s. The most interesting part of the judge’s reasons was about, “Did she con...

The theme of a recent, poor ABC news article is that a person who doesn't remember must have been too drunk to give consent. Ms Hunter was quoted in the article as saying, “victim-survivors... ofte...

Lack of memory after drinking doesn't prove much. In particular, it doesn't prove that the person had drunk so much they lacked legal capacity to consent to sexual activity.In the spectrum of intoxica...

The theme of a recent ABC news article is that a person who doesn't remember must have been too drunk to give consent. https://www.abc.net.au/news/2023-11-14/intoxication-consent-law-alleged-rape-p...