Atheism +

[Tiberius]

Unrelated to the rest of your post, but intoxication is done by choice... which means that decisions made after becoming intoxicated cannot so readily be dismissed as being outside of the realms of the intoxicated person's responsibility.

As I said, it's unrelated to what you're saying, but from a moral perspective (which is what interests me), the choice to consume alcohol has to be considered when apportioning blame.

I agree, with the exception for people who are plied with alcohol or have their drinks spiked. Sometimes intoxication is not done by choice.

A tricky legal thought exercise.

Two absolutely smashed college students wake up in the morning and it's apparent that some seriously raunchy shit has gone down. Neither can remember a fucking minute of it. The male/female makes an accusation of rape. What to do?
male/male
female/female

Not tricky at all. If neither can remember at all, there is no way to tell whether either party is guilty of rape or not. In a court of law you must prove beyond reasonable doubt that a rape occurred. It is surely upsetting for the victim when this cannot happen and a guilty rapist is allowed free, but I'd rather that happen than an innocent person be found guilty. Always.