Dead Horse - I just re-read your post. Really it should be if the DEFENDANT had been drinking it will be an unsound verdict - not the victim. It MAY be an unsound verdict of course.

Of course everyone could be safer if they stayed at home wrapped in cotton wool and never went out drinking, but I don't think it should even cross people's minds - let alone become an issue in a court of law - that the victim is somehow to blame for the crime because of the way they behaved.

It would be like telling a schoolkid 'yeh you're being bullied but we're not going to do anything to the bully because to be honest you shouldn't wear glasses and do your homework - it's just making yourself vulnerable to it'.

Yes people should be careful - but they shouldn't have to change their lifestyle a drastic amount in order to be safe.
And McG of H was spot on saying - even if the victim increased their vulnerability themselves - it doesn't in any way lessen the guilt of the criminal.

*sigh* vented again.
xLx
p.s here is an article which pretty much sums up my opinion. Except that even this overlooks the fact that it shouldn't even cross people's minds that staying at home or not drinking is a solution. a precaution - yes. a solution - definitely not.