Many people often ask if someone is drunk if it is considered rape or sexual assault to have sex with them.
Many criminal charges have been laid in circumstances like that and so an ounce of prevention is always worth more than a pound of remedy after the fact; this means, when in doubt, don’t engage in sexual relations.
However too often we see charges laid because a person regrets having sex and then claims to the police they were too drunk.
David Anber recently won a jury case where this was an issue. So the question remains, when does intoxication mean it is sexual assault?
- If the complainant (alleged victim) was so drunk as to render her incapable of consenting to the specific act, being aware of what was going on, or knowing who she was having sex with;
- If the accused person (you or the person you know who is charged) was so drunk as to cause him to think that the other person was consenting when they were not consenting.
Keep in mind these rules of law are tricky questions which depends on the facts of each case. If you have been charged with sexual assault, contact us for a free consultation. You can also visit our general information page for sexual assault lawyers in Ottawa.