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Criminal law is it sexual assault if both parties are drunk A canadian tourist has been charged with rape by intoxication in california, after he allegedly had sex with an intoxicated woman in san diego last year. Explore the complex interplay of impaired judgment and sexual boundaries

Understand what defines consent and accountability in challenging situations. Rape is a crime that most people have at least some understanding of, but do you know what rape by intoxication is Sex educator lena solow explains how sex under the influence of alcohol is considered sexual assault.

In sex education, we had to learn about consent

If somebody is under the influence of alcohol they can not consent, and it is considered rape If both people performing sex were under the influence, then would it still be rape? To convict of rape, the prosecutor would have to prove beyond reasonable doubt that a actively had sex with b (hard to prove) when b didn't consent (which we know because b was too drunk to consent), or that b actively had sex with a (hard to prove) when a didn't consent (which we know because a was too drunk to consent), or both. But what you may not know is that under california law, drunk sex is not consensual sex

If the other party becomes. Having sex with a person who has consumed alcohol is not necessarily rape, many if not most couples have sex for the first time under the influence of alcohol The question, as others have pointed out, is whether the person had sufficient capacity to consent given her mental state If not, than it is rape.

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