@Ismone: But it's not simply a matter of standard of proof, it's a matter of intent. If one party doesn't have capacity to contract, the other person's knowledge of that lack of capacity is irrelevant — the contract is a nullity that never came into existence. But in criminal actions, including rape, the accused's…

@Ismone: Well, the legal standards for nullifying a contract are, and should be, much less than the legal standard for finding someone guilty of a felony and throwing them in jail for twenty years.

@mouseyChuu: Could you cite one of the statutes that you are referring to? I'm not aware of any statute that says drunk people are incapable of giving consent. If any such statute existed, wouldn't both parties be guilty of rape whenever there is a drunk hook-up?

@HelenLovejoy(née_maude_flanders): How the accused prove that, apart from, as someone else suggested, demanding his accuser's sexual history (and maybe witness testimony)?

@feelingHELLApeasanty: There is no value in a differing perspective from someone outside of the regular cocoon? I think the few deadspin regulars posting here, myself included, have been fairly respectful. (I've seen some jackass posts, but they are not from any regular deadspin commenters that I recognize).

@Ginger Gal: Well, it's not necessarily true that a later black-out means one was too drunk to consent at the time. Say someone, after a night of heavy drinking, can't remember anything that happened between 10 pm and 4 am. Does that mean they were incapable of giving consent at 10:30? At 11:00? What if they kept…

@they call me ginger: You're probably right on statutory rape. Drunk driving, I don't think so — if I recall, if I'm unwittingly drugged by a third party before getting behind the wheel of a car, that's a defense to DUI — the mens rea is in voluntarily taking a drink.

@they call me ginger: You seem to be saying that some statutes make rape a "strict liability" crime, in which no level of mens rea (mental fault) is required. I'm pretty sure this isn't the case for any criminal statute, much less rape, but if you have specifics I would appreciate being enlightened.

@Ginger Gal: But that presumes that one party (presumably intoxicated himself) should be able to tell that the other party is "black out" drunk as opposed to "regular" drunk. It doesn't always work that way.

He promptly . . . charmed the pants off everyone in the postgame press conference.

@Cynical Bastard: And this diminishes the truth of everything Fran Tarkenton says how?

@wyomingcowboyup: Are you actually arguing, "as a lawyer", that this may legally violate Rex Ryan's right to privacy/publicity? If so, maybe reread some treatises. Those rights only apply to prevent someone from misappropriating your name/image commercially — ie, putting his wife's feet on a coffee mug. It does not…

@wyomingcowboyup: I don't care about the Ryans' private lives. They are just that: private.

You think this is bad, I have irrefutable proof that Tom Cable's wife is a furry.

You know how everyone here thinks Simmons is an annoying prick because he acts like the obnoxious fan in the sports bar who lords his teams' success over others, and that's not what any of us are looking for when we go to his website?

@Donte Stallworth Driving School: I can't argue with any of the Wire selections, for obvious reasons, but here's my dark horse entry:

@phoenix6666: Warmups meaning they took shots against him, he did a good job stopping shots, they were impressed that a non-professional athlete was able to stop so many shots. Is this confusing in some way?

@phoenix6666: From warmups. Did you read the story? It wasn't that long.

@bondjunkie: Who needs Nate Jackson when we have John "Spider" Salley? Now that is a former athlete who knows how to tell a story!

Terrence Williams Is Going To Miss The Queens Strip Clubs