[Granted,] consent can be removed at any point but if neither party states/shows intention to back out it is safe to assume that there was consent during the act even if both parties were drunk because they’d agreed to it beforehand.
And a state of intoxication can prevent someone from being able to express the desire to remove consent. It is entirely possible to start an encounter with that capability, and have an intoxicant ingested before the encounter take away that capability after the encounter has begun.
Let’s complicate the hypothetical further: Both parties are fully sober, and agree to a sexual encounter, in which Party One will pretend to be blacked out. Party One ingests an intoxicant in secret, and actually blacks out after the encounter has begun. Is Party Two guilty of a crime?
In your hypothetical, party one is the guilty one. By lying, they’ve altered the situation and therefore doesn’t actually have party two’s consent (in the same way “stealthing” changes the equation).
Sure a state of intoxication can remove the ability to consent and that is something the two need to discuss beforehand too, but if here both are equally drunk or they agreed to it at any level of drunkenness, nobody can read minds so going by the information available to any person we can say there was consent because they agreed beforehand. If any part specifies “it’s ok unless we get too drunk” then it’s a different case of course.
I don’t fully understand what you mean in the second question, is part one agreeing to pretend to be blacked out but then blacks themselves out without part two knowing? Or is part one not knowing they are getting knocked out drunk? Because in the first case, where Person 1 agrees to have sex when pretending to be blacked out but then secretly blacks themselves out then person 2 is innocent and if anything the victim since they consented to having sex with the other person pretending to be in an intoxicated state and not necessarily actually being in that state. If it’s the second scenario then person 2 is completely guilty because person 1 did not agree to having sex while being blacked out
And a state of intoxication can prevent someone from being able to express the desire to remove consent. It is entirely possible to start an encounter with that capability, and have an intoxicant ingested before the encounter take away that capability after the encounter has begun.
Let’s complicate the hypothetical further: Both parties are fully sober, and agree to a sexual encounter, in which Party One will pretend to be blacked out. Party One ingests an intoxicant in secret, and actually blacks out after the encounter has begun. Is Party Two guilty of a crime?
In your hypothetical, party one is the guilty one. By lying, they’ve altered the situation and therefore doesn’t actually have party two’s consent (in the same way “stealthing” changes the equation).
Sure a state of intoxication can remove the ability to consent and that is something the two need to discuss beforehand too, but if here both are equally drunk or they agreed to it at any level of drunkenness, nobody can read minds so going by the information available to any person we can say there was consent because they agreed beforehand. If any part specifies “it’s ok unless we get too drunk” then it’s a different case of course.
I don’t fully understand what you mean in the second question, is part one agreeing to pretend to be blacked out but then blacks themselves out without part two knowing? Or is part one not knowing they are getting knocked out drunk? Because in the first case, where Person 1 agrees to have sex when pretending to be blacked out but then secretly blacks themselves out then person 2 is innocent and if anything the victim since they consented to having sex with the other person pretending to be in an intoxicated state and not necessarily actually being in that state. If it’s the second scenario then person 2 is completely guilty because person 1 did not agree to having sex while being blacked out