Presumption That a Drunk Person Cannot Consent to Sex

Stance

For — a presumption is necessary to protect vulnerable individuals, reflect the realities of intoxication and power, and restore trust in the justice system.

• Jurisdiction focus: UK law (Sexual Offences Act 2003, R v Bree), with ECHR and comparative references.
• Word target: ~750.

Definitions (stance-framed)

• Presumption: Legal rule that, absent strong rebuttal, incapacity is assumed once intoxication crosses a threshold. Not an "absolute bar," but a starting point that shifts evidential burden.
• Consent: s.74 SOA 2003 — "freedom and capacity to choose."
• Drunk: Significant intoxication reducing ability to weigh and communicate choices; not a single glass of wine, but a state of material impairment.
• Unable to consent: Where autonomy is undermined such that agreement is not a true, informed choice.

Assumptions Under Challenge