Question 1
Before attempting to answer this question, for the purposes of clarity and direction in the response, it is necessary to have a clear definition of sexual consent. According to the Rape Abuse and Incest National Network (RAINN) (2019), it is an active and voluntary agreement between people to engage in sexual activities. Furthermore, while verbal consent safeguards personal boundaries against violation, there are non-verbal means of expressing consent. The inherent clarity of this definition does not minimize the awkward and complicated nature of consent. Specifically, on matters of sexual consent and intoxication, creating a distinction between consensual sex and sexual assault is problematic, both morally and legally. Plainly put, intoxicated consent is a complex phenomenon.
Any attempt to establish morally responsible conduct in situations of possible intoxicated consent must be guided by specifics of each case. Aldridge and Winstock (2018) assert that determining contextual elements like settings, drugs consumed, and the nature of the relationship between the activity’s participants are vital to allocating moral responsibility. Naturally, engaging in sexual activities and issuing consent requires plain and confident communication. Fundamentally, consent is limited to a specific activity and should never be interpreted as a cause for incremental or habitual activities. Therefore, consent can and should be withdrawn at the first instance of discomfort on either party. Conversely, holding open and frank conversations based on sexual activities allows both parties to discover what is comfortable to sustain consent. However, because consent is a function of communication and interpretation is a matter of context and perception, there remains a fundamental need to examine the circumstances surrounding a case of intoxicated consent.
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Going back to the question, there are several challenges with the situation as presented. However, by considering the context under which intoxicated consent is obtained, it is possible to navigate. It is obvious that intoxication has eroded the possibility of open and mutually beneficial conversations about sexual activity. Therefore, considering the settings, drugs used, and the nature of the relationship provides a viable route to answering the question. Assuming that only one person is intoxicated but both parties are willing to consent to sexual activity, then it is morally irresponsible to proceed to sexual activity without addressing the suspicions. If both parties are intoxicated, it is difficult to determine morally responsibility even after considering all other factors. Therefore, it is morally irresponsible only if one of the parties is intoxicated.
Question 2
To the extent that both are consent-based, there is some degree of similarity between this question and the previous one. Primarily, both questions communicate the influence of intoxication in negotiations for consent. Moreover, the second question affirms the assumption that only of the parties is intoxicated. Understanding how contextual factors influence sexual relationships is necessary for resolving complications attached to intoxicated consent. People consume drugs and alcohol for numerous reasons. Aldridge and Winstock (2018) state that recreational drugs are being used to enhance and prolong some sexual encounters. However, the ability to communicate coherently remains a significant factor in distinguishing morally responsible conduct and vice versa. Assuming that only one of the parties concerned is intoxicated to the point that their judgement has been compromised, it remains morally irresponsible to engage in sexual activity based on a remote probability and the lack of mutual decision-making (The University of Tulsa, 2018). This remains the case even after a consideration of the other contextual factors. Fundamentally, consent remains about clear and affirmative communication, intoxication appreciably impairs judgement, and observing restraint is the morally responsible form of behavior in both cases.
References
Aldridge, A., & Winstock, A. (2018, November 21). Drugs and alcohol complicate sexual consent, but context can make things clearer. The Conversation . Retrieved from https://theconversation.com/drugs-and-alcohol-complicate-sexual-consent-but-context-can-make-things-clearer-106207
The Rape Abuse and Incest National Network (RAINN). (2019). What Consent Looks Like . Retrieved from https://www.rainn.org/articles/what-is-consent
The University of Tulsa. (2018). Alcohol and Sex . Retrieved from https://utulsa.edu/sexual-violence-prevention-education/alcohol-consent/
