I'm not a law talking guy, this isn't the law, and it isn't ethical best practice but it might help people understand the reasonableness of the poster.
I believe it's true that drunk people can't consent. I think that what juries are likely to actually care about is the question:
Did the accused have the reasonable belief that the plaintiff would consent to sex while sober?
If you're in a police interview or a trial and are asked:
What made you think the plaintiff consented to your actions?
And all you can say without perjuring yourself is:
I vaguely recall that they seemed kinda into it, and they didn't say no, oh! and they didn't fight back.
You're going to have a bad time. ESPECIALLY if you've been drinking, because it will be easier to question the reasonableness of your belief in their consent.
This poster is clearly meant for a place similar to a university dormitory.
This poster is bad because: it makes the law seem lopsided, and perpetuates sexist ideas about gender and sex.
The poster is good because: unfortunately, too many men think that if a girl is drunk at a place where he thinks the girls are looking for drunk hookups, that she consents to whatever she doesn't fight (and maybe more). Too many men misunderstand consent and have dangerous ideas about what women really want. It's much better they be scared into over thinking whether they're risking arrest than that they rape somebody.
Obviously more nuance is good, but if you're trying to stop drunk 18 year olds from raping/being raped, taping up a poster like this in the stairwell is more effective than taping up an essay.
I hate how this also manages to objectify women.
This poster is so old, it probably from the 1990's
Yes, it is dumb. Yes it is sexist. But it is not the consensus of society. Not by a long shot.
That doesn't prevent incels from bringing it up every time some women thinks they are a creep, just so they can hate on how "disadvantaged we males are compared to women" and how "any type of relationship with women are bound to be awful for the man".
Both sexes have advantages and disadvantages. Whining about this same issue over and over without actually doing something about it isn't helping anything. And neither is blaming the opposite sex.
My mother was a sexual assault response coordinator (SARC) for the military in the early aughts. This led to some really weird situations for us as a family, like having to pretend we didn't know why this strange woman who wasn't here when we went to bed last night is now having breakfast with us. The worst one was probably when it was a friend of mine having breakfast with us. Anyway, my mother really impressed on me that it did not matter if the woman initiated, if I was drunk as well, that I should not, under any circumstances, engage in drunken hookups. I disagree that when two drunk (hetero) people have sex, the man is automatically a rapist. But at the end of the day, my opinion doesn't matter. The law does. Keep this in mind, fellas, get her number instead. The risk ain't worth it.
Given this poster is over 15 years old and only a handful were printed, I'm gonna guess no.
https://www.dailydot.com/irl/anti-rape-poster-reddit-conversations/
The poster is funny, but apart of the outrage that is causes by some, I think that it could trigger a good discussion.
For instance about how toxic masculinity also hurts men. Under that men are considered weak if they cry and should consider themselves be 'lucky' when they are raped.
And how feminism can help against this as well.
God damnit Josie, put that pussycat away
If you enter into a binding contract with someone while they are intoxicated to the point of impairment, the contract can be invalidated on those grounds as long as impairment can be proven in a court.
You can't give reasonable consent while impaired. If it can be further demonstrated that one party intentionally attempted to induce intoxication for the purposes of attaining contractual consent, they can be held criminally liable for that act.
Consent isn't only about sex. It's much murkier and dubious in cases of mutual intoxication and interpersonal relations. This poster is simply trying to make people aware of fairly basic laws regarding consent in the United States. And it's worth knowing.
Men generally have a higher tolerance for alcohol than women even if they are equal height and weight due to differences in alcohol metabolism. There's perhaps some embedded sexism in this poster's standards, but it's better to be informed than incarcerated.
Can I buy this poster? I want to hang it up so people can laugh at it when they visit.
It's so fucking stupid.
A man can't consent when he's drunk either.
This is why I always say that women have a huge advantage over men in any conflict like this.
If you don't believe me...Well, when female teachers rape their male students, nothing happens, same crime committed by a male teacher, instantly sends that male teacher to jail.
“Hon, I had too much to drenk but I’m horny. Can you strahp me in?”
Based on that eye contact I think I might be Jake's next victim.
A lot of discussion in this thread, but this depends on many things. I already blacked out from drinking and would hate if somebody did something to me. But there are other levels of drunkenness, and you can also read the other person's mood, their movement, their agreement towards getting physical, and judge who is the more sober of the two, and try to communicate these things.
Basically Michael Cera in Superbad.
Jake deserves prison for drinking cocktails
Shame they made Margarita sex a crime.
Yes because the worst thing in life to happen to a person is to be sued.
Jake is the drunk driver and Josie is the drunk passenger. They get into a car crash. Now who do you assign the blame to?
