Another Ched Evans question

[Porn Baron]

I choose my rule to stay safe but i believe this below is the correct ruling?


"If, through drink - or for any other reason - the complainant has temporarily lost her capacity to choose whether to have intercourse on the relevant occasion, she is not consenting, and subject to questions about the defendant's state of mind, if the intercourse takes place, this would be rape.

"However, where the complainant has voluntarily consumed even substantial quantities of alcohol, but nevertheless remains capable of choosing whether or not to have intercourse, and in drink agrees to do so this would not be rape."

"capacity to consent may evaporate well before a complainant becomes unconscious".

[JamesW]

Porn Baron wrote:

> I choose my rule to stay safe but i believe this below is the
> correct ruling?


Yes that is a correct statement of the law.

I'm not sure why you added the words "in drink" to the second statement though, as that addition isn't necessary.