
___joker__
This an extremely delicate topic, but I think this is stated way too categorically. There is a meaningful distinction between being under the influence and being incapacitated. Be careful on taking a legitimate principle and expanding that retroactively.This doesn’t mean capacity to consent is absent. Impairment is a matter of degree, not an absolute. The relevant distinction is whether someone who is impaired to the point that they can’t understand, choose, or communicate consent. This is about spectrum of impairment and whether or not it should be a categorical rule.
I think that distinction is basically my point. “I personally won’t have sex with someone I don’t know if they’re intoxicated because I’d rather be cautious” is completely reasonable. However, that’s different from saying intoxication categorically makes consent invalid. Once you acknowledge context, degree of impairment, communication, etc., it isn’t really a hard rule anymore.
I personally think (respectfully, not saying anything about you) that most of what you’re saying should be common sense added to this hard rule. It’s like saying “don’t touch a live explosive” is a hard rule, when obviously there are factors where it’s necessary Currently in society we still have problems defining consent, and as such I’d prefer we focus more so on making sure consent is gained correctly than arguing when/where the proper moment a person is too intoxicated to consent
As I just said, your judgment and behavior have to be impaired in order to be considered “under the influence”. It is not informed consent if your ability to make decisions and judge risk is impaired. Also, there is very little evidence that caffeine, nicotine, or sugar can meaningfully affect judgment ability.