Romance and alcohol undoubtedly go hand-in-hand, which is ironic because these two things don’t mix well in the eyes of the law. If you don’t know why you may be surprised to learn that drunkenness impacts one’s ability to give consent to a sexual act. Let’s examine the law to understand why alcohol affects consent.
Ohio’s Definition of Consent
In Ohio’s definition of rape, we find that an “impaired person” cannot consent to a sexual act. Someone is impaired when their ability to resist or consent to an act is substantially reduced because of a mental or physical condition.
Mental or physical conditions that can impact consent include:
- Mental illness;
- Coercion;
- Physical restraints; and
- Drugs and alcohol.
Therefore, someone under the influence of drugs or alcohol may not be able to legally consent to a sexual act.
This fact means that if someone has sex while they are drunk, then he or she could accuse their partner of sexual misconduct or rape after the fact. What’s more, if both parties are drunk during a sexual encounter, either one could accuse the other of wrongdoing.
Now you see why alcohol and romance may not be the best pairing.
Have You Been Accused of Sexual Misconduct?
If you or a loved one has been accused of sexual misconduct, you have the right to hire an experienced defense for your case. Patrick Mulligan & Associates is here to help clients fight for their rights in the face of criminal accusations.
Call (937) 685-7006 now for a free consultation concerning your case.