Why is it that a drunk driver is held accountable for their decision to get behind the wheel but a drunk person is considered incapable of decision making and therefore not responsible for their part if they decide to have sex while under the influence?
1 Answer from Attorneys
There is no mens rea with regard to driving because it is very dangerous. Most crimes require that one intentionally or knowingly commit the offense; not DWI. It requires only that you drove while intoxicated.
If you are talking about a charge of sexual assault of a person too intoxicated to make a decision to consent, then you can see that one must be aware of the "decision" to be making a "decision". It keeps people from giving date rape drugs or other things to victims and then claiming consent, etc.
If you are saying that one is not responsible for sexually assaulting another because one was intoxicated, this is incorrect. The "receiver" if you will - not the one advancing the sexual act - is the one who is making the decision.
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