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voir dire re: too drunk to consent

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https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/1901060041

November 13, 2006, 23:19
DJC
voir dire re: too drunk to consent
Any especially insightful voir dire questions to use when the offense occurred while the victim was so drunk she didn't know what was happening to her? Thanks.
November 14, 2006, 09:59
Gretchen
ask them what are some reasons a victim might not consent? Try to get them to say (among all the other possible reasons) that she wasn't able. Ask them why might she be unable, (because she's drunk) and then ask if it matters whether it's voluntary intoxication or not - does a woman lose her right to deny consent because she overconsumes? Does someone else suddenly have a privilege to do things to her without her permission just because the victim made bad choices? Even prostitutes, who are notriously "bad choice-makers," have the privilege of refusing or giving consent. If the law protects them, why not someone who simply drank too much?
November 14, 2006, 11:10
Floyd L. Jennings
I am going to ask you some questions about circumstances involving differing degrees of consent and knowledge:

"How many of you think it would be OK for someone to use your credit card - if you didn't know about it?"

"How many of you think it would be OK for unrelated others to use your personal possessions, if you did not know about it?"

"How many of you think it would be OK for a doctor to perform elective surgery on you, (and charge you for it) if you did not know it was to be done?"

"How many of you have given your permission for another person to use, let us say, your lawnmower?" "Would it be OK if the person using the lawnmower, without asking for additional permission, also came into your home and rummaged through your refridgerator?"

"How many of you think that permission to kiss a person is tacit permission for sex?"
November 15, 2006, 10:26
DJC
Thank yo'all. Those are some good ideas and dialog-starters.