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Cuomo announced sweeping changes to the criminal laws governing intoxicated sex. Something similar happened in California in after the infamous case in which Stanford student-athlete Brock Turner was convicted of sexually assaulting his inebriated, incapacitated victim. It is important to understand exactly what is at stake with this legal change. New York courts have applied these provisions when victims were passing in and out of consciousness or in the act of vomiting, but not when people were seriously intoxicated but able to communicate and understand what was going on. In short, sex is impermissible with an involuntarily intoxicated person or a person who is unconscious or physically incapacitated, due to intoxication or anything else. This leaves out the person who is extremely voluntarily intoxicated, but not to a level of total unconsciousness or incapacity. The first question this brings up is simple but intractable: How drunk is too drunk? Some have suggested that a person is too drunk for sex whenever they would not have agreed to the sex if sober. But that standard would make the many alcohol-fueled liaisons that provoke morning guilt mutual rape. For the past several years the American Law Institute, a group of lawyers and scholars responsible for creating the Model Penal Code which New York adopts in large part , has grappled with the intoxication issue.
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Beijing AFP - Legalising same-sex marriage was among the top suggestions made by the Chinese public to lawmakers tasked with amending the civil code, a spokesperson for the top legislative body said. The public push comes despite a recent crackdown in China on LGBT activists and the wider gay community, as well as censorship of content related to homosexuality in films and on social media. Feedback from ordinary people was solicited in November by the Commission for Legislative Affairs ahead of its meeting next week to discuss updates to the civil code, which mostly deals with matters relating to marriage and family. The parliamentary body received more than , online suggestions and 5, letters on the topic, said commission spokesman Yue Zhongming at a press briefing on Friday. These messages requested the clarification of the "definition of close relatives, improving the shared debt obligations of spouses and legalising same-sex marriage", Yue said. He did not offer details on whether same-sex marriage will be included in the final draft of the civil code, which lawmakers are scheduled to discuss from December Although China decriminalised homosexuality in , and officially removed it from its list of mental illnesses in , same-sex marriage remains illegal. In recent years, censors have muted discussions on the topic on social media, banned the portrayal of homosexuality in films and even prevented the selling of rainbow-themed items online. In April, a Beijing court dismissed an appeal against recently-enforced rules by the national media watchdog which ban gay content on film and television and describe homosexuality as "abnormal. Last year, China's biggest online marketplace Taobao shut down shops selling rainbow flags and clothing with queer phrases -- while gay scenes in "Bohemian Rhapsody", a biopic on Queen frontman Freddie Mercury, were censored.
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Teresa Xu left and Li Tingting sharing a kiss as clerks take photographs in a beauty salon where the two were preparing for their wedding in Beijing. LGBT activists in China are seeking to legalise same-sex marriage in the country. Public push to legalise same-sex marriage in China. BEIJING: Legalising same-sex marriage was among the top suggestions made by the Chinese public to lawmakers tasked with amending the civil code, a spokesperson for the top legislative body said. The public push comes despite a recent crackdown in China on LGBT activists and the wider gay community, as well as censorship of content related to homosexuality in films and on social media. Feedback from ordinary people was solicited in November by the Commission for Legislative Affairs ahead of its meeting next week to discuss updates to the civil code, which mostly deals with matters relating to marriage and family. The parliamentary body received more than , online suggestions and 5, letters on the topic, said commission spokesman Yue Zhongming at a press briefing on Friday. These messages requested the clarification of the "definition of close relatives, improving the shared debt obligations of spouses and legalising same-sex marriage", Yue said. He did not offer details on whether same-sex marriage will be included in the final draft of the civil code, which lawmakers are scheduled to discuss from December Although China decriminalised homosexuality in , and officially removed it from its list of mental illnesses in , same-sex marriage remains illegal.
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Cuomo announced sweeping changes to the criminal laws governing intoxicated sex. Something similar happened in California in after the infamous case in which Stanford student-athlete Brock Turner was convicted of sexually assaulting his inebriated, incapacitated victim. It is important to understand exactly what is at stake with this legal change.

New York courts have applied these provisions when victims were passing in and out of consciousness or in the act of vomiting, but not when people were seriously intoxicated but able to communicate and understand what was going on.

In short, sex is impermissible with an involuntarily intoxicated person or a person who is unconscious or physically incapacitated, due to intoxication or anything else. This leaves out the person who is extremely voluntarily intoxicated, but not to a level of total unconsciousness or incapacity.

The first question this brings up is simple but intractable: How drunk is too drunk? Some have suggested that a person is too drunk for sex whenever they would not have agreed to the sex if sober.

But that standard would make the many alcohol-fueled liaisons that provoke morning guilt mutual rape. For the past several years the American Law Institute, a group of lawyers and scholars responsible for creating the Model Penal Code which New York adopts in large part , has grappled with the intoxication issue. The existing Model Code, similar to New York law, criminalizes sex with an unconscious person and where the defendant has surreptitiously administered intoxicants for the purpose of inducing sex.

While this covers the rapist who seeks out unconscious people or clandestinely drugs vulnerable victims, the assailant who bides his time until a victim becomes helpless is left out. However, prohibiting sex with an intoxicated person, even a severely intoxicated person, does far more than close a loophole.

The crime is complete whenever there is sex plus sufficient drunkenness, however those two conditions came about. It also does not matter whether the intoxicated person affirmatively and enthusiastically expressed consent or even if they were an aggressive initiator of the sex. In turn, the defendant is not permitted to argue that their own drunkenness contributed to their belief that the other person was sober enough to have sex. In short, the law presumes that people charged with a sexual offense have the capacity to make criminal decisions, even when they are completely obliterated, and simultaneously proclaims that drunk people have zero capacity to make sexual decisions.

In fact, the following theorem is completely permissible under such laws:. Now, that looks pretty outrageous, but if we add some gender to the equation say, Amber and Brian , it feels more normal, because society apparently expects men to police drunken sexual encounters. They spent the entire party getting to know each other and dancing. Dana had four shots of tequila and four beers over the course of the evening.

At one point, Dana went to the bathroom and Pat noticed that Dana stumbled when walking back into the room. When Dana woke up in the morning, Dana asked Pat what happened that evening. Pat told Dana that they had sex and that Dana had asked to have sex.

Of course, we might believe that Pat is lying and Dana did not initiate or even agree to sex. I believe there is. However, as it stands, New York law puts the burden on defendants to argue that they believed the person was sufficiently sober. In California, the defendant who honestly believed their tipsy date was sober will be convicted if the jury determines the belief was unreasonable. But underenforcement is only a small part of the story.

Sex offense conviction rates, like all conviction rates, are high, and our country has the most draconian sex offense-sentencing regime in the western world. Lawmakers will undoubtedly respond that New York prosecutors are fully equipped to separate the watch-and-wait predators from mere participants in drunk-drunk sex. But I have doubts. But this all-American tendency to criminalize it all and let prosecutors sort it out has given the United States the ignoble distinction of the most punitive nation on earth.

Skip to content. A and B are extremely drunk. The Daily News Flash Newsletter. You are now following this newsletter. See all newsletters. Most Read. Latest Opinion. Post-conviction life for dummies: Harvey Weinstein and others must own up to their crimes. Handwashing plus: With coronavirus raging, Americans can learn from Europeans about personal hygiene. Saving endangered species: Now we must focus on ecosystem health. Maybe the bullying is the point: Bernie Sanders and his followers want to drub the rest of us into submission.

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