But if you consider that both are drunk, it gets even more complicated. Sure, you can’t rely on the consent of a drunk person. But if you are also drunk, you can’t even rely on your own judgement of the situation… and you likely are not aware of that.
Well again, the only things that matter are the lack of surprises, the ability of both parties to comprehend what is happening, and the consent. It doesn’t matter if you regret the decisions later. Maybe you wake up and go “I never would’ve done that while sober” but that doesn’t retroactively remove your informed consent. You were capable of understanding it at the time, and you went along with it. That’s what matters. They don’t care about your impaired judgement for the situation, as long as you were capable of understanding what was happening.
But if you consider that both are drunk, it gets even more complicated. Sure, you can’t rely on the consent of a drunk person. But if you are also drunk, you can’t even rely on your own judgement of the situation… and you likely are not aware of that.
Well again, the only things that matter are the lack of surprises, the ability of both parties to comprehend what is happening, and the consent. It doesn’t matter if you regret the decisions later. Maybe you wake up and go “I never would’ve done that while sober” but that doesn’t retroactively remove your informed consent. You were capable of understanding it at the time, and you went along with it. That’s what matters. They don’t care about your impaired judgement for the situation, as long as you were capable of understanding what was happening.