Alcohol and Consent

Alcohol and Consent

Specifically related to the issues of intoxication, it should be noted that if a person is unconscious or their judgment is impaired by alcohol or drugs, legally they are unable to give consent. These types of laws are meant to protect people from being taken advantage of when they are intoxicated. A common question is:

“What if both people are drunk? Are they both assaulting each other?”

First, if both people are drunk and they have sex and neither feels that they have been violated (feeling violated is not the same as feeling regret or embarrassment), then no crime has been committed.  However, if someone does feel violated, then the culpable party is the one who actively engaged in sexual behavior or advanced the situation towards and through penetrative sex.