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11 - Intoxication

Published online by Cambridge University Press:  04 March 2010

Alan Wertheimer
Affiliation:
University of Vermont
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Summary

In this chapter I pursue a different issue of competence: is it permissible for a male to have sexual relations with a woman who unambiguously tokens consent while voluntarily intoxicated? The issue is not without its practical importance. The consumption of drugs and alcohol is implicated in many cases of “date rape.” Although there is nothing approaching a token of consent in many such cases, others involve what I call intoxicated consent and raise the question as to how PVC would regard such consent.

To facilitate the analysis, I distinguish between five claims. First, it may be argued that B's intoxicated consent does not render it permissible for A to have sexual relations with B even if B's intoxication is self-induced. Call this the impermissibility claim. On my stipulative definition, the impermissibility claim represents our all-things-considered judgment about the content of the principles of valid consent with respect to intoxicated consent. Second, it may be argued that if a woman tokens consent while she is intoxicated, her consent is necessarily invalid because intoxication undermines the capacity requirements of valid consent. On this view, intoxication entails invalidity (and impermissibility). Call this the intoxication claim. Third, it may be argued that if B's intoxication is itself voluntary or self-induced, then we should treat B as responsible for her intoxicated behavior. Call this the responsibility claim. By itself, the responsibility claim says little about the validity of B's consent. It is a general claim about one's responsibility for one's intoxicated behavior.

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Publisher: Cambridge University Press
Print publication year: 2003

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  • Intoxication
  • Alan Wertheimer, University of Vermont
  • Book: Consent to Sexual Relations
  • Online publication: 04 March 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511610011.012
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  • Intoxication
  • Alan Wertheimer, University of Vermont
  • Book: Consent to Sexual Relations
  • Online publication: 04 March 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511610011.012
Available formats
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To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Intoxication
  • Alan Wertheimer, University of Vermont
  • Book: Consent to Sexual Relations
  • Online publication: 04 March 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511610011.012
Available formats
×