Well, the United States doesn’t required informed consent for sex, only consent, which is why statutory rape is defined by age.
As a lawyer, I think your general point about over-specification of law is quite strange. I’d rather have a precise law than a vague one. Interpreting laws creates the same sorts of problems as the hidden complexity of wishes.
Depends on the state. In Massachusetts, it is (on paper) legally problematic to have sex with someone who is drunk, because they cannot consent according to state law. I don’t think is enforced, or enforceable, much, though.
Yes, that’s how it works in most states. I assure you that this is not the same thing as informed consent, at least as commonly understood by American lawyers.
Informed consent is what your surgeon requires before doing a medical procedure. It’s probably better to think of it distinct elements: (1) informed of risks and (2) consent to procedure. That’s not the prerequisite for legal sex.
Well, the United States doesn’t required informed consent for sex, only consent, which is why statutory rape is defined by age.
As a lawyer, I think your general point about over-specification of law is quite strange. I’d rather have a precise law than a vague one. Interpreting laws creates the same sorts of problems as the hidden complexity of wishes.
Depends on the state. In Massachusetts, it is (on paper) legally problematic to have sex with someone who is drunk, because they cannot consent according to state law. I don’t think is enforced, or enforceable, much, though.
Yes, that’s how it works in most states. I assure you that this is not the same thing as informed consent, at least as commonly understood by American lawyers.
Informed consent is what your surgeon requires before doing a medical procedure. It’s probably better to think of it distinct elements: (1) informed of risks and (2) consent to procedure. That’s not the prerequisite for legal sex.