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Alcohol use can complicate consent cases 

On Behalf of | Sep 21, 2022 | Criminal Defense

In many cases where someone is accused of a sex crime, it’s really just a question of consent. Neither party denies that a sexual encounter occurred between the two of them. It’s just that one person claims that they had consent and that it was a mutual act, while the other person says that they never gave their consent and so their rights were violated.

One thing that can make this more complicated is when each party was using alcohol or other drugs during the encounter. Technically speaking, someone who has been drinking is allowed to give consent. There’s no law saying that they can’t do so after they have a beer with dinner or something of this nature. But there are two ways that things get complicated

They may be too intoxicated

First of all, the other party may be too intoxicated or impaired to give their consent. If someone is under the influence of drugs, they may not be in the right mental state to make these types of decisions. This can still lead to legal charges even if they technically gave their consent, especially if it looks like the other person deliberately gave them too much alcohol.

They may not remember

Another complication is simply that, even if the other person gave their consent at that moment, they may not remember it later. Someone who is impaired could have gaps in their memory. This can lead to serious disputes over what happened, and those disputes could have criminal ramifications.

If you do find yourself in this position, be sure you are well aware of your legal defense options.