On the other hand, the implication that a person cannot give consent when they are intoxicated or otherwise under the influence of a substance is problematic ... As a woman, I do not appreciate this section of the legal code which stipulates that I cannot give consent under the influence, as it is simply a subtler method of controlling my body, my actions, and my sexuality. It assumes that I cannot make choices for myself and must be protected- a problematic and patriarchal assumption.
Not really. As a woman I can state with confidence that the legal system seems so slanted in favor of disbelieving us in such instances that I hardly think this wording is designed to discourage us from having sex while drunk or otherwise intoxicated. More to protect us in those instances where we're so drunk or otherwise intoxicated we are not conscious to say no, or are so far gone by the time we should say no that it either doesn't occur to us to say no, or we actually can't say no.
Given how hard it is to "prove" rape because of common misconceptions that women "ask for it" by their mode of dress or by "knowingly" drinking too much in the presence of men or whatever, I do not see this wording as problematic, but rather as protective in the sense that it codifies common sense, which can make it an added legal protection in court.
Re: Definitions
Not really. As a woman I can state with confidence that the legal system seems so slanted in favor of disbelieving us in such instances that I hardly think this wording is designed to discourage us from having sex while drunk or otherwise intoxicated. More to protect us in those instances where we're so drunk or otherwise intoxicated we are not conscious to say no, or are so far gone by the time we should say no that it either doesn't occur to us to say no, or we actually can't say no.
Given how hard it is to "prove" rape because of common misconceptions that women "ask for it" by their mode of dress or by "knowingly" drinking too much in the presence of men or whatever, I do not see this wording as problematic, but rather as protective in the sense that it codifies common sense, which can make it an added legal protection in court.