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Legally, having sex with someone who is incapacitated is equivalent to having sex with someone who is unconscious, as they lack the required mental state to form a valid agreement The inability of the other person to provide explicit consent could be exploited by the sober party. A person can be drunk and still possess the capacity to consent
However, once they cross the threshold into incapacitation, any apparent agreement is legally invalid. Imagine a situation when one person is sober or only slightly intoxicated, and the other is obviously drunk, slurring their words and unable to stand straight Sex with an intoxicated person is not rape if the person can knowingly, intelligently and voluntarily consent to the activity
However, this is dangerous water for the unintoxicated person since the level of intoxication of the other partner is highly subjective
Unless you have a prior relationship with that person, i would discourage the. Frequently asked questions about drunk sex, consent, and us law how does being drunk affect legal consent Legally, a person cannot give consent if they are incapacitated Intoxication from alcohol can cause incapacitation, meaning the person lacks the physical or mental ability to understand the nature or consequences of the sexual act
Is having sex with a drunk person always illegal Under the laws of most states, it is absolutely rape to have sex with someone who is drunk Drunk people cannot give consent, thus the crime of rape has occurred There are defenses to the crime, but they are difficult to come by and require the help of a skilled attorney.
No matter the circumstances, we represent individuals accused of sex crimes with expertise, dignity, and optimism
How to know if someone is too drunk to consent when investigating what really happened the night of an alleged rape, we ask a series of questions, including “were both parties drunk?” Consent becomes more complicated when one party is more drunk than the other
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