Can two drunk people consent to having sex with each other?

balderdash@lemmy.zip to Asklemmy@lemmy.ml – 122 points –
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So .... they raped each other? They could both go to jail?

Wisconsin has in the past prosecuted two 17-year-olds as adults on sexual assault charges for having sex with each other. So, yeah, the legal system has no qualms about treating people as both victim and perpetrator for the same action.

They would have to press charges and take the other to court, and the burden of proof is on the accuser.

Crimes are prosecuted by the state. It's hard if the victim is uncooperative, but not impossible.