Kansas City Criminal Defense Lawyers
Can Drugs & Alcohol Impact Sexual Consent?

Can Drugs & Alcohol Impact Sexual Consent?

One of the easiest ways to turn a regular dinner into a romantic evening: enjoying alcohol. Alcohol and romance go together; in fact, a recent study performed by alcohol.org found that at least 85% of millennials drink on a first date. While there is nothing wrong with calming the nerves while going out, it’s important to know how alcohol or drugs can impact sexual consent.

Limitations of Consent

Legally, a person cannot give consent to a sexual act under several circumstances:

  • When overcome by force or fear;
  • When unconscious or physically powerless;
  • When incapable of giving consent because of mental deficiency or disease; and
  • When incapable of giving consent because of alcohol, drugs, or other substances.

As you can see, someone intoxicated may arguably be “incapable of giving consent” because of their condition. As a result, if someone has sex with someone who is intoxicated, the intoxicated person may be able to press charges against the sexual partner.

What if Both Parties Are Intoxicated?

A state of intoxication is a limitation of consent, but that doesn’t mean it’s a viable defense for the accused. This means people who have drunken sexual encounters could press charges against their partners, but these partners are not guaranteed to get rid of their charges.

Have You Been Accused?

If you or a loved one has been accused of sexual assault, Rokusek Stein Law can help. Our firm has experience representing clients in a variety of sex crime scenarios, which means we are ready to fight for your case.

Call (913) 583-0465 now for a free consultation concerning your case.

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