Someone who is drugged, heavily intoxicated, or blacked out cannot consent to sex, even if they're walking and talking. Consent requires the capacity to understand and voluntarily agree. If someone isn't capable, no sexual activity should happen.
That's right. You could say yes, and it's not consent. So if somebody has drugged you, whether it's alcohol or other drugs, and you're incapacitated, but you're still able to talk and walk— that can happen, like a blackout when someone's drunk. They're walking around talking. The next day, they have no recall of what happened during that time frame, because they were actually incapacitated, even though it appears they're conscious, they're walking around, they're talking. So that person could say yes to somebody to sexual activity. It's not consent. Right. Because they're not of sound mind to give that consent. So you're 100% correct. That's an example of incapable of giving consent. And so when we talk about asking, it's always when someone's capable of giving consent. Because asking when they're not capable, you shouldn't even be asking. Nothing should be happening. So that's a good parameter to start with, is why don't people ask when there's an opportunity for consent? Why don't people ask instead of going for it?
