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Criminal law is it sexual assault if both parties are drunk If you were so drunk or drugged that you passed out and unable to consent, it was rape. Explore the complex interplay of impaired judgment and sexual boundaries

Understand what defines consent and accountability in challenging situations. Do not discuss what happened with police, friends, or anyone else until you have legal. 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. 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.

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. Accused of rape after drunk sex What to do next if you had sex while intoxicated and are now being accused of sexual assault, the single most critical step you can take is to remain silent and contact a skilled criminal defense attorney immediately

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