Wisconsin has in the past prosecuted two 17-year-olds as adults on sexual assault charges for having sex with each other. So, yeah, the legal system has no qualms about treating people as both victim and perpetrator for the same action.
I didn’t pose the question to argue in the comments. That said, I would argue that the question I raised is very different from the question you’ve rephrased. It’s obvious that if you (being drunk) force yourself on someone who is sober, then that is rape; it is less obvious whether two drunk people who think they’re giving consent can (morally/ legally) give consent.
Here I don’t mean to argue against your interpretation of consent because I wanted to hear different opinions in the first place. I just don’t think that’s a fair rephrase of the question because it renders the original question trivial.
Its a “two wrongs dont make a right” situation in many countries.
One person is drunk means they cant consent.
Both people are drunk doesn’t magically eliminate that. It just means now neither of them can legally consent.
Think about the question reframed like so:
“Does being drunk make me immune to raping others?”
Obviously the answer becomes “no”, right?
So … they raped each other? They could both go to jail?
Wisconsin has in the past prosecuted two 17-year-olds as adults on sexual assault charges for having sex with each other. So, yeah, the legal system has no qualms about treating people as both victim and perpetrator for the same action.
That’s… stupid honestly
They would have to press charges and take the other to court, and the burden of proof is on the accuser.
I didn’t pose the question to argue in the comments. That said, I would argue that the question I raised is very different from the question you’ve rephrased. It’s obvious that if you (being drunk) force yourself on someone who is sober, then that is rape; it is less obvious whether two drunk people who think they’re giving consent can (morally/ legally) give consent.
Here I don’t mean to argue against your interpretation of consent because I wanted to hear different opinions in the first place. I just don’t think that’s a fair rephrase of the question because it renders the original question trivial.