What is consent?
Consent is an agreement between participants to engage in sexual activity.
Consent should be clearly and freely communicated, reversible, enthusiastic and specific. It is possible to get consent from someone who has had a drink as long as it is clear, voluntary and unambiguous; however, drinking can raise certain consent issues.
Alcohol can shake us free of our anxieties and can help us combat social awkwardness, especially when it comes to 'making a move.' It's no surprise that sexual situatins often involve alcohol —but what does that mean for consent?
Consent can never be given by individuals who are underage, incapacitated by drugs or alcohol, or asleep or unconscious.
Incapacitated doesn't just mean 'unconscious', but can also apply if, for example, the person has been sick from alcohol, is having trouble standing up, is acting very out of character or can't walk or talk properly.
Why is it so legally complex?
Fundamentally, alcohol and other drugs are known to impair our judgement, as well as our mental and physical capabilities
Of course, people can participate in consensual sex after drinking alcohol, but if a person is intoxicated to the point of incapacitation, they cannot give consent.
As everyone has a different tolerance to alcohol, one person's 'too drunk' may be completely different to another person's perception. It's a difficult concept to standardise, which makes every case unique.
Other then a person reaching the point of unconsciousness due to intoxication, there is no definitive legal answer to the question, "When is a person too drunk to consent?"
Source
Everyone's Invited, Instagram
Link
https://www.instagram.com/p/C1ICiTIL6O7/?igsh=MXh4eXYyZXl4OXdlbA==
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give me back my girlhood
Non-FictionTrigger warning for sexual assault, grooming, mental health issues and suicidal thoughts/attempts This is my vent book about my SA trauma, I use this as one of my coping mechanisms, to help other victims and to bring awareness.
