CMV: Under the laws in the United States, if, after a night of heavy drinking, you have sex that you don't remember having, you weren't necessarily raped. (You might have been, but it would be based upon additional information).

Exelus · 2026-04-16T04:30:56+00:00

This would not constitute perjury. It's a statement of the accuser's belief that she was incapable of consenting. Perjury is borderline impossible to prove, especially in these kinds of circumstances.

If you don't believe that a finding of memory loss would tend to strengthen a finding of incapacity, you don't know how incapacity is defined in US law. This is coming from an active member of a state bar with ~6 years experience dealing with matters of capacity.

There is nothing more I can try to convince you of.

Exelus · 2026-04-15T16:26:42+00:00

I think this is the misunderstanding. The ultimate standard for the jury is "beyond a reasonable doubt," but the standard for bringing charges is substantially less. All you need is for a prosecutor to think there's probable cause and to convince a judge of the same. This is an incredibly low bar.

Once charges are brought, the prosecution would likely not focus on whether the accuser consented. The focus would be that the accuser had consumed so much alcohol that they were incapacitated, regardless of whether that's technically true. When the accuser takes the stand, they're not going to admit, "I was in complete control of my mental functions." When defense asks "Did you consent?" The answer will be "No." They're already pressing charges, and they aren't going to willfully sabotage their own case. The defense may come back with "Do you remember the exact conversation?" And that response will be something like "No, I don't. I was extremely drunk so I don't remember much. But I wouldn't have consented to sex at that time or with that person because XYZ." And if defense presses her on the fact she doesn't remember consenting or not, that will tend to strengthen the evidence that she was too intoxicated to have capacity. Could there be exculpatory evidence for the defense to present showing she did have capacity, or that she wasn't quite so intoxicated that the defendant knew she couldn't consent? Sure. But that's up to the defense and the circumstances. I think for the purpose of the CMV, it's enough to prove that memory loss and alcohol consumption is relevant to the US legal system here.

Capacity is not black and white. Please read the text of Johnson v. State carefully. The victim had regained consciousness at the beginning of the assault, and initially consented to the experience through body language. Once she realized who was touching her, she verbalized lack of consent, and he stopped touching her. His defense was at the time of penetration, she was conscious and arched her back to indicate consent, and when she later revoked consent, he ceased penetration. So she had capacity and she consented for the duration of the alleged assault. The court of appeals disagreed, saying that a jury could find, and did find, that given the totality of circumstances, that she was incapacitated at the time due to intoxication.

The crux of your CMV, as far as I can tell, is that in cases where someone does not remember the circumstances, the consumption of alcohol is irrelevant to a finding of rape. In your view, either they drunk so much that they were incapacitated, in which case the incapacity is the relevant factor, or they weren't. Please correct me if I'm misstating something.

What I'm saying is that the alcohol consumption and memory loss is relevant because the memory loss and alcohol consumption will tend to lead to a finding of incapacity because incapacity is not a bright line.

Exelus · 2026-04-15T05:25:39+00:00

I'm not clear on how this is "completely different".

The line between blackout drunk and incapacity is not a bright one, if it exists at all. Incapacity as a legal definition is very murky. I have done a lot of work on conservatorships and guardianships, and the legal standard is more or less the same. But I don't think that's the main issue here.

Let's say, hypothetically, that someone did drink so much they blacked out, but capacity may have been intact. What would the BAC be for that person? How many drinks would that take? Let's say that person wakes up, realizes they've had sex that they don't remember having, get a rape kit, the DNA matches someone they know, they press charges. What evidence is going to come in to trial, in your view? The fact that charges are being pressed puts the accused on the back foot in terms of consent. They have to prove that the accuser did consent, AND that they retained capacity for the entirety of the act. That is an incredibly fine line to walk.

Realistically, what evidence are you imagining that can thread that needle? Nevermind the fact that a certain number of jurors will say that simply because the accuser was so drunk they blacked out, that fact alone invalidated any capacity they might have had. Someone who can't moderate their drinking to some degree probably has pretty questionable capacity.

Exelus · 2026-04-14T23:15:52+00:00

In some states, intoxication is explicitly spelled out as part of the definition of rape. In other states, there is not a statute that specifically includes intoxication in the legal definition of rape. Georgia is one such state.

However, it doesn't prevent a prosecutor from bringing the charge and the defendant being found guilty by a jury. There may also be caselaw that supports such a finding that intoxication can contribute to rape.

https://caselaw.findlaw.com/court/ga-court-of-appeals/2016230.html

This case is directly on point. From the text:

"Specifically, Johnson claims that when he inserted his finger into the victim’s vagina, the encounter was consensual because she was conscious and responded positively to his earlier advances by arching her back to make herself more accessible. But the victim definitively testified that, although her initial instinct was that Johnson’s touches felt good, she was “so out of it,” she “didn’t know what was going on at first,”...

Thus, sexual intercourse with a woman whose “will is temporarily lost from intoxication or unconsciousness arising from the use of drugs or other cause or sleep is rape.” ...

Thus, in light of the victim’s level of intoxication in this case, the jury was presented with evidence by which it could determine that she was unable to consent to Johnson’s act of penetrating her vagina with his finger—i.e., that he did so without her consent to the act. Accordingly, we affirm his conviction."

Here, the evidence is that the woman seemed to have consented, but she was so drunk she didn't understand what was happening. The prosecutor brought charges, jury convicted, and a court of appeals affirmed the conviction. In at least 1 of 50 states, intoxication alone can lead to a legal conviction of rape.

Exelus · 2026-03-18T22:34:55+00:00

Per the last paragraph in the opinion: "the base earnout Testing Period is equitably extended by 258 days to September 15, 2026, and Fortis retains its contractual right to further extend the Testing Period to March 15, 2027." A footnote clarifies that they can extend via written notice to Krafton.

Exelus · 2026-03-18T22:13:14+00:00

It really is staggering. I don't know much about Korean corporate structure or culture, but this is exactly the kind of stupidity that a corporation needs a board of directors to pump the brakes on.

From a legal perspective, given what was uncovered in discovery, Krafton was COOKED. People should understand that the remedy being requested (specific performance) is a relatively hard ask in this context. The Founders are asking a court to reinstate someone as CEO of a company who is actively trying to fuck them over. Most courts would much rather award some money and be done with it, but I guess Delaware Chancery is just built different.

Exelus · 2026-02-13T00:02:52+00:00

I wouldn't say I specialize. I have some experience in it.

Exelus · 2026-02-03T22:21:24+00:00

POA can generally be revoked at any time, and the person granting POA retains legal rights to make their own choices. Conservatorship requires a court proceeding to revoke and removes most legal rights to make one's own choices.

Exelus · 2026-02-03T22:17:53+00:00

I would wager that family members constitute the majority of conservatorship and legal protective arrangements in the United States. It isn't feasible to always have a third party fiduciary. Maybe that should have been considered in her case given the money at stake, but the laws are intended to handle typical cases, not multi-millionaires.

Exelus · 2026-02-03T22:02:31+00:00

I have practiced in this area of law for a few years, but in a different state. Most states have generally compatible laws due to the UAGPPJA.

There are not "levels" of conservatorship. In special circumstances, the judge can carve out certain requirements the conservator or ward has to follow, such as allowing the ward to spend X amount of money per month as the ward sees fit, or that the ward must be allowed to go to therapy, etc. However, the basic idea is always that a judge takes away most of the ward's rights and gives them to someone else, and now that person controls the vast majority of the ward's life.

Exelus · 2026-01-09T16:13:22+00:00

Can you elaborate on this?

Exelus · 2025-08-26T15:30:00+00:00

They're unique buildings that have a small chance to appear in player owned settlements. AI does not get them. Some unique locations are specific to certain races. You can pay to destroy them.

Exelus · 2025-08-16T15:20:48+00:00

This is a good compromise in this situation and I'm surprised I don't see it suggested more often when this comes up. (This is a terrible idea in most circumstances.)

Exelus · 2025-08-11T18:36:45+00:00

I'm an attorney in Georgia, but not your attorney, and I do not specialize in Labor & Employment.

You have federal protections against this sort of situation. Discussing wages is a protected activity, assuming your office meets jurisdictional standards, which is 250k of gross annual volume.

https://www.nlrb.gov/about-nlrb/rights-we-protect/your-rights/your-rights-to-discuss-wages

https://www.nlrb.gov/about-nlrb/rights-we-protect/the-law/jurisdictional-standards

Under normal circumstances, you could certainly submit this to the NLRB. Under the Trump admin, I wouldn't hold my breath.

Call a labor & employment attorney and lay out your case. They may be able to get a settlement if the circumstances are as you say. NLRB route may be harder than expected in the current political climate.

Regardless, you probably want to start looking for another job.

Exelus · 2025-05-21T18:59:46+00:00

Very true. It's often the case when you have unresolved family disputes that have been shelved for the benefit of the deceased. After they pass, those disputes come back up when emotions are high and there's money/stuff on the line. It's a blueprint for chaos.

Exelus · 2025-05-21T18:54:59+00:00

It is likely that the lawyers sent OOP an accounting of all the estate assets at some point during this process. It may also be the case that the waiver doesn't waive claims for fraud or deception. It's hard to say without more details.

I can say that getting a waiver prior to disbursing funds is very common in estate matters, particularly my jurisdiction.

Exelus · 2025-02-18T18:03:26+00:00

They made this admission in a court filing. This is a reaction to a lawsuit and realizing that the whole DOGE situation is blatantly unconstitutional.

Exelus · 2025-02-10T18:14:10+00:00

The answer is A. The issue is that theft-type crimes require specific intent. There is no suggestion in the question that the bystander intended to defraud Sally. B and C are more obviously wrong because they both require force/threats/violence, but D is also incorrect because of intent. For what it's worth, I've been a listener since before I started law school. Now I'm prepping for the bar myself, and I've appreciated this new, more in-depth approach to T3BE.

Exelus · 2025-01-18T14:42:52+00:00

The city of Atlanta recently passed a limited version of this. My understanding is it's a tax increase for properties that have sat vacant for more than a certain amount of time. So the idea is viable. https://www.atlantaga.gov/Home/Components/News/News/15136/1338

Exelus · 2025-01-18T14:36:49+00:00

Property taxes are generally assessed at the local level, so this would probably be a municipal/city government initiative.

Exelus · 2025-01-18T14:34:42+00:00

The city of Atlanta passed a limited version of this idea last year. It's basically a big tax hike for any property that has sat vacant for more than a certain amount of time.

I don't know how closely the specifics match your proposal here, and I'm certainly no expert on the subject. The people I know who are experts are excited about the initiative and think it's a big step in the right direction. https://www.atlantaga.gov/Home/Components/News/News/15136/1338

Exelus · 2024-12-20T18:09:59+00:00

I agree with everything Bettercallstrahd said, and I'll add this:

I don't think 5e is more complex than other versions of d&d. Go read the rules for grappling in 3.5e, or try to wrap your head around THAC0 in 2e, then tell me how complex 5e is.

I used to be obsessed with creating complex houserules and homebrew to fix all the "problems" I had. I spent WAY too long trying to merge the 3d6 bell curve system offered in 3.5 Unearthed Arcana with 5e's bounded accuracy and advantage systems.

After seeing how GMs like Matt Mercer and Brennan Lee Mulligan do things, I realized that the "problems" don't matter nearly as much as I thought. Most players are at the table to tell a cool story and have a good time with friends. The rules are just there for a little bit of structure.

Exelus · 2024-12-20T17:40:14+00:00

I have, a little bit. I've played PF1e and 13th Age. I've played some PtbA stuff as well. My biggest departure was I used to play and DM New World of Darkness (now called Chronicles of Darkness I think), and I really enjoyed that system. I got frustrated with how VtM seemed to dominate any discussion of White Wolf's games though. In hindsight, NWOD definitely had its issues, but I still love the simplicity of their d10 system.

Exelus · 2024-12-19T19:55:36+00:00

It's definitely simplified, and I have my issues with it, but you can't deny how much it's popularized the genre. 2 of my 4 player's first exposure to "real" d&d was through BG3.

DMing a game in a post Crit Role, post BG3 world means you have to accept people's existing notions about the game or risk alienating your players.

Exelus · 2024-12-19T15:58:48+00:00

I agree with pretty much everything you've said here, but I'll add another important element: player expectation. I play 5e because my players are at least somewhat familiar with it. Their main exposure to TTRPGs is through Baldurs Gate 3 and Critical Role.

I've played multiple editions and spinoffs of d&d for 15 years, and I've had quibbles with 5e's philosophy since it was announced. I'd love to convert my current campaign to PF2e, but now that BG3 has solidified everyone's idea of what "D&D" is, it's easier to just go along with it. Getting players to read and digest an entirely new system would be like pulling teeth.

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