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Imagine you are in a store and the salesclerk leaves the counter for some reason. No one is watching you so you steal something. Does the fact that the sales clerk was absent ,or was otherwise incapacitated, mean that it is not stealing? It is still a crime for which you can be prosecuted if you are caught. The same is true with raping an incapacitated person. A crime is still a crime. Just because someone is drunk and passed out does not mean they have given you permission to take advantage of them. The person has also not given you permission to steal their wallet, their car, all of which would be seen as crimes. I agree with the first comment that this is a no-brainer. It is sad to learn that legislation is needed to make the Oregon judicial system acknowledge that this is indeed a crime.
posted 3 years, 11 months ago
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