Drunkennes and Consent

[TDMRLM1973]

Hi

I would like to find out the level of drunkenness that is considered too drunk to give consent for sex? If a person is actively holding a conversation during the act & they are active participants the whole time, can they be considered too drunk to give consent?

[PallasAthena]

Is this question related to your October 2024 thread?

Sexual Offences - LegalBeagles Forum

Does this refer to events in Scotland?

The Crown Prosecution Service has some guidance on this that applies in England and Wales. Scroll down to "Intoxication and Consent" although ther whole page is relevant.

Rape and Sexual Offences - Chapter 6: Consent | The Crown Prosecution Service

[TDMRLM1973]

Yes , it is related to my October 2024 thread and refers to events in Scotland

[TDMRLM1973]

As a follow up to my earlier post, the prosecution introduced corroboration at the end to connect two cases and the judge said at sentencing "I am imposing a a cumulative sentence of 7 years". Now my question is this, what happens to his sentence if he successfully appeals one case, since its one block sentence with no breakdown per each charge. And oh by the way the judge said to the jury during directions ,"if you find him guilty of charge X, then you have to find him guilty of charge Y", so what happens if we manage to successfully get one conviction overturned on appeal, what then happens to the sentence then since there was no clear definition of the number of years imposed per charge.

[PallasAthena]

I believe "corroboration" is something that only exists in Scottish criminal law and I don't know whether any posters here have expertise in that area. The best people to advise are his lawyer at the trial that has just ended or the lawyer you consult about the possibility of appeal.

[TDMRLM1973]

Thank you very much for responding and answering my questions so far.

I have another question I would like to ask. So we are appealing my husband's conviction and this appeal is based on a video that him and the accuser made at the time that she says she was too drunk to give consent. My question is, is there any sort of expert that we can get, or what sort of expert can we get to have a look at the video to determine if the person is too drunk to consent. The two people in the video are actually having a conversation that u can clearly hear, so we would like to get someone who can help us with information on what really determines whether a person is too drunk to give consent.

Thank you very much. I really appreciate the information you have given me so far.

[PallasAthena]

The fact that no-one else has replied suggests that we don't have anyone here who has the specialist knowledge of Scottish criminal law needed to advise you.

I can only suggest you consult a Scottish lawyer with expertise in this area.

[echat11]

Maybe they can help you or point you in the right direction -

https://www.insidejustice.co.uk/