Consent is necessary before engaging in any sexual activity, but what happens when both people are too drunk to legally consent to anything that is going on? Can you be charged with sexual assault if you were both drunk at the time?
Yes, you can. Engaging in sexual acts while intoxicated could potentially lead to accusations of sexual assault from the other person who might have been just as intoxicated as you were.
While it is common knowledge that no sober person should attempt to engage in sexual activities with someone who is under the influence of alcohol because they cannot legally consent to anything, it’s a bit less straightforward when both people are drunk, and they decide to engage in sexual intercourse. Both people involved may not have much recollection from the night before, further complicating the situation. It is entirely possible that one person can claim he or she wanted to stop, and the other person did not listen.
But here’s the thing: no matter what, someone who is under the influence of alcohol cannot consent to any sex acts with another person. So, while the person you had intercourse with could not have legally consented to it because of his or her consumption of alcohol, you could not have consented to it, either.
Hiring a lawyer to help with your situation
If you find yourself in this situation, your best move is to hire a Knoxville criminal defense attorney that has experience handling sexual assault cases. Your attorney knows laws surrounding consent while a person is under the influence. He or she also knows how to create a defense for those accusations. It may involve interviewing anyone else who was around or who was told about the events, or reviewing any photo or video evidence that may be available. (Yes, this could potentially be embarrassing to you, but would you rather feel some shame or go to prison?) If your accuser gets a rape kit done, your attorney can request the results of that kit in the discovery phase of the process.
Being accused of Knoxville sexual assault after having sex with someone while you were both intoxicated? It happens to more people than you think. At Banks & Jones, we fight aggressively for our clients. We can take on your sexual assault case and come up with a unique defense strategy. Reach out to our Knoxville sexual assault lawyers for a consultation at 865-407-2122 or complete a contact form today.