Dangerous Parties
Essay by Woxman • August 3, 2011 • Essay • 911 Words (4 Pages) • 2,022 Views
Imagine if Chris, Jon and Gordon had stated to Sara, "I shall assume that your silence gives consent." What would this look like in the finally of the story? Could we assume that they had indeed thought this once or twice throughout the night? Sometimes consent is all that is left out for something wrong to happen. Even though consent can be given in 2 forms; implied or expressed, Sara did not give consent to Jon, Gordon or Chris because drinking causes a person to be vulnerable and incompetent and Sara was drunk when having sex with the boys.
Consent is not just about manners and decency; it's actually the law. Legally, you need a partner who is voluntarily, actively, clearly giving his/her consent prior to sexual activity. That means they have to be awake, lucid and able to communicate what they want or don't want. Any sex without consent - even within a marriage - fits the definition of sexual assault. A person who is too drunk, asleep or otherwise too out of it to be sure about what's going on can't legally meet the criteria for consent. Consent is an act of reason and deliberation. A person who possesses and exercises sufficient mental capacity to make an intelligent decision demonstrates consent by performing an act recommended by another. Consent assumes a physical power to act and a reflective, determined, and unencumbered exertion of these powers. Expressed consent is clear, definite, exact, and unmistaken. Whereas implied consent is not specifically expressed, but that is inferred from one's conduct. To have given consent Sara would have been mentally competent and able to understand what she was doing. Sometimes despite the alcohol, it is that one little drop more that makes a difference.
Alcohol causes impairment on one's judgment. In my Psychology book in one chapter it talked about the alcohol impairment and how it can then create bad judgment. Because alcohol acts to depress the reticular activating system, several things occur. The altering mechanism is depressed such that a person does not become aware of potentially hazardous or dangerous situations that the sensory functions detect. The sensory functions themselves are deteriorated and may not be supplying complete or correct information to the brain. A person's motor of functions is impaired; yet, because of alcohol's depressant effect that person will feel less inhibited and more self confident about themselves. As a result a person, after having consumed alcohol, is more likely to engage into high-risk situations which would normally be avoided or treated cautiously. Sara was assumed to be over the legal intoxication limit and proven here, her ability to understand or treat the incident normally was effected. Keegan stated that Sara and Karen engaged in a binge drinking contest. Binge drinking can cause blackouts, memory loss and anxiety. Young people's brains are particularly vulnerable because
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