According to the Canadian Criminal Code, (self-induced) intoxication is no defence against charges of assault (33.1): if you’re drunk, you’re still able to form the general intent to commit said assault.
And yet, with regard to the sub-category of sexual assault, belief that someone is consenting is cancelled if that someone is intoxicated (273.1(2)): if you’re drunk, you can’t consent to sex.
So if you’re drunk, you’re capable of forming the intent to assault, but you’re not capable of forming the intent to have sex? Given that it’s mostly men who do the assaulting, and it’s mostly women who do the consenting (and given, it’s my guess, that the lawmakers had men in mind for 33.1 and women in mind for 273.1(2)), is this some sort of ‘protect the weaker sex’ double standard?
Hey, if we expect men to foresee the effects of alcohol and to be responsible for their behavior while under its influence, we should expect the same of women. Continue reading