Can an intoxicated person give consent to sexual activities

Asked over 5 years ago - Missouri

Ok so we all know that is declared that a drunk person cannot give CONSENT to sexual activities.
What if both parties are at a very intoxicated at the point of intercourse
(male/Female)

There are "physical over powerment" or other forceful actions taken, simply a drunk couple have sexual intercourse.
After that "one night stand" One side of the party decides to file sexual assault exc. Ie- "Being taken advantage of"
Would this be plausible? Could you actually be punished for something like this?
In the court of law could you be convicted?
Even if the woman made all the sexual advantages?

Would there be a guilty side. in my opinion, both parties have had understood of the engagements they were doing.
And in my mind if one side if favored of other wouldn't that be sexual discrimination.

Attorney answers (1)

  1. Ronald Anthony Sarno

    Contributor Level 20

    Answered . You absolutely need a criminal defense attorney. In most states a drunken woman is unable to give consent and therefore a male partner can be charged with assault. In most states the defense that the woman actively participated in the sexual activity, even encouraged it is NOT a defense. You may find this discriminatory, but it is the norm. You need to know that unlawful sexual contact is not always associated with violence. If the woman is very young, mentally challenged, or intoxicated the law assumes no consent. If afterwards she charges the male with assault, the defense is NOT a walk in the park.

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    LEGAL DISCLAIMER
    Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information.

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