While I kind of agree, what if they consent sober and then the drunken duel begins?
They aren’t having sex, a voluntarily drunk person can engage in stupid activities with another voluntarily drunk person and there isn’t really an issue with either party “consenting”.
Like if they were both voluntarily drunk and one shot the other and killed them during one of these exchanges, the shooter would still be responsible for a crime despite being drunk, and the other persons consent to the action isn’t really applicaple to a manslaughter charge except you may get a plea deal. However I am an idiot, IANAL, so take all that with a grain of salt.
Also if I’m just taking a joke too seriously I’m sorry.
(By voluntarily drunk, I mean no one drugged them, they did this to themselves)
Wait, are you saying inebriated people can’t consent to fuck, but can consent to get killed? That sounds like an incredibly stupid (legal) take.
If people cannot consent to some overall inconsequential intercourse (any unintended consequence can be alleviated medically), why on earth should they be able to consent to get shot at, which can very possibly lead to permanent injury or death?
Yeah, at least according to the laws in the US! Consent while intoxicated pretty much only refers to sex, or near sexual acts. In any other case, the fact that you intoxicated yourself to the point of making bad decisions, that’s on you (voluntary intoxication).
Like for instance, these gentlemen both agreed to shoot each other while drunk, that would only make either of their consequences worse if there was a death, it wouldn’t absolve them of their decisions to do it. They chose to get drunk, they chose to make bad decisions with guns, there is no consent issue there.
There are a couple exceptions, like you CAN enter into a contract while drunk, but if it was proveably in bad faith for the other party, it can be voided. So you can’t necessarily be taken advantage of for contract purposes, even if you are voluntarily intoxicated.
Again, IANAL. I’m just pointing out consent doesn’t apply in this situation. Especially since, according to being arrested, they were agreeing to perform an illegal act, or an act in an illegal way. The illegality of the act was not based on consent at all, unlike sex.
Think of it this way, someone gets drunk, drives, gets arrested for dui, then claims they couldn’t consent to driving cause they were drunk.
You can’t even sign contracts while visibly intoxicated in most places much less consent to duels lol.