lethenepenthe (lethenepenthe) wrote in little_details,

Sexual consent laws

Possibly this is not the right comm to post in, but I do want to know this information because of something I'm writing, so here goes (and I know this topic may be construed as offensive, but I honestly don't mean it to be):

Okay, so we all know that if Person A has sexual relations with Person B, who is too intoxicated to consent, then that constitutes rape. But what if A and B are both too intoxicated to consent, although they have "consented" in the sense that they were not physically forced into it? (And let us say for the sake of argument that neither is notably more intoxicated than the other.) Legally speaking, what is the situation? Could A charge B with rape, and vice versa, without being laughed out of court?

(If it was consensual in the sense that no force was involved, I quite realize that neither would probably press charges...but if they hypothetically wanted to, could they?)
Tags: ~law (misc)
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