Article Continued BelowLenehan’s decision has been denounced by legal experts for ignoring strong circumstantial evidence that points to the woman being too drunk to consent to sex. It also highlights the ongoing struggle of courts to decide where to draw the line between drunk and incapacitated. “It is important then that the courts clearly articulate the threshold of incapacity with regard to intoxication. Having no memory of what happened — an alcohol-induced blackout — also doesn’t automatically mean someone was incapable of consenting, courts have found. The courts tended to apply a lower standard in cases of involuntary intoxication than when someone was voluntarily intoxicated.

Source: thestar March 12, 2017 02:58 UTC