x.com/river_is_nice/status/2108249912395661715
1 correction found
an intoxicated woman cant consent to sex
That is too broad. Under both Cornell’s policy and New York’s campus-consent law, intoxication alone does not automatically eliminate consent; incapacity depends on the degree of intoxication and whether the person could knowingly choose to participate.
Full reasoning
This statement overstates the rule. Cornell’s own sexual-misconduct procedures define affirmative consent as a knowing, voluntary, mutual decision and say that a person under the influence of alcohol or drugs may be incapacitated "depending on the level of intoxication." They do not say that any intoxicated person automatically cannot consent.
New York’s campus affirmative-consent statute says the same thing: consent cannot be given when a person is incapacitated, and "depending on the degree of intoxication," someone under the influence may be incapacitated and therefore unable to consent. In other words, intoxication by itself is not the test; incapacity is.
So the blanket claim that an "intoxicated woman cant consent to sex" is inaccurate as a description of the actual consent standard Cornell uses and New York requires colleges to adopt.
2 sources
- Procedures for Resolution of Reports Against Students Under Cornell University Policy 6.4 for Acts of Sexual and Related Misconduct
"Affirmative consent is a knowing, voluntary, and mutual decision... Someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent depending on the level of intoxication."
- New York Education Law § 6441 — Affirmative consent to sexual activity
"Consent cannot be given when a person is incapacitated... Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent."