Consent and Incapacitation
Posted: Thu Sep 10, 2015 12:13 am
"It is rape when one person does something sexual on, to or inside a person who is unable to give informed consent to sex because they’re asleep or otherwise incapacitated, like via drugs or alcohol (even if they drank or drugged of their own accord), because they're ill, injured, or emotionally bereft, or due to lack of physical, intellectual or emotional maturity, developmental disability, mental illness or because the person assaulting them is in a position of power over them, like a teacher, clergyperson or police officer."
Question: So, I was reading an article about rape on this website and came across the following above passage. I don't know if I am overthinking it, or if I actually do understand what you are trying to say, but I never knew that being emotionally bereft meant that one couldn't consent to sex. Are you referring to where someone is so emotionally distraught they have mental breakdowns, or do you mean it's wrong in instances such as a grieving couple who lost a child etc, coming together and having sex because they are distraught and upset? Or all sex relating to grief/being upset?
Also in regards to being ill and injured, could you clarify what that means? Injured how? Like someone with a broken leg? I don't see how that affects the ability to consent, and in regards to illness, I don't see the same either, unless you were referring to mental illness, which I agree with you then.
I don't mean this offensively, as I am truly concerned and would like to know the answers these questions.
Question: So, I was reading an article about rape on this website and came across the following above passage. I don't know if I am overthinking it, or if I actually do understand what you are trying to say, but I never knew that being emotionally bereft meant that one couldn't consent to sex. Are you referring to where someone is so emotionally distraught they have mental breakdowns, or do you mean it's wrong in instances such as a grieving couple who lost a child etc, coming together and having sex because they are distraught and upset? Or all sex relating to grief/being upset?
Also in regards to being ill and injured, could you clarify what that means? Injured how? Like someone with a broken leg? I don't see how that affects the ability to consent, and in regards to illness, I don't see the same either, unless you were referring to mental illness, which I agree with you then.
I don't mean this offensively, as I am truly concerned and would like to know the answers these questions.