But if you decided to not go for it and you end up getting molested instead, is the same person now deemed in the right state of mind?
So what i am saying is, if drunk,as an attacker
you are deemed in a right state of mind, but as a victim you can be deemed not in the right state of mind. Or did i not understand it correctly?
No, regardless of being a right state of mind or not, if you're assaulting someone, your mental state doesn't factor into it (unless you can say that you were actually in a state of legit insanity). For example, if you get sloppy drunk and then beat the shit out of someone, you're still getting arrested for assault and battery because you put yourself in an altered state that impaired or removed your judgement. Conversely, if you are drunk and someone pulls you into a van to do god knows what, it isn't your fault that you were taken because you were drunk, it is the fault of the people that pulled you into that van.
Now if your question is, if someone is drunk and wants to have relations with you as a sober person, is it still assault, that's a fuzzy area because you, being the one of clear mind, have to ascertain whether or not this person approaching you is compromised, because if they are, it's still very easy to make the argument that you still took advantage of a person in an altered state. As we've seen in the courts, this gets sticky as it's very hard to prove intent when alcohol is involved.
All that being said, if someone is clearly hammered and drooping themselves over you asking for sex, 100 times out of 100, you are better off sitting them down in a chair, getting them some water, and helping them sober up. Because if you just "let it happen", you're probably a gigantic scumbag. There's a point where general decency comes into play that goes beyond the idea of, "YAY! I CAN GET MY DICK WET AND I DON'T CARE HOW IT HAPPENS!"
Indeed, but the way that some well-known people reacted and acted in the immediate aftermath of what happened indicated that some people were going to be resistant to that change :/
To be fair, the mindset of those people is ridiculous, on par of "why do we have to be so PC now a days? We didn't have a single social problem in the community before all this...."INCLUSION", so why do we have to change? THEY should change to fit US!"