LEGAL GUIDE
Written by attorney Lynn Norton-Ramirez | Jul 22, 2018

SEX WITH AN IMPAIRED PARTNER: CONSENT IS NOT ENOUGH

In North Carolina, a man can be charged with second-degree forcible rape for having sex with a partner who is “mentally incapacitated” or “physically helpless” due to excessive alcohol or drug consumption. Even if the sexual partner is the instigator of sexual contact, that person may legally not be able to consent. Just as a child or a developmentally disabled person cannot consent, the legal doctrine of “force implied in law” protects persons who are "unconscious or insensibly drunk.”

Additional resources provided by the author

State v. Haddock, 664 S.E.2d 339, 191 N.C. App. 474 (N.C. App., 2008)

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