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Is It Rape If Both Parties Are Drunk?


Two young college students meet at a party and play some drinking games together. After a few rounds of beer pong and flip-cup, the two become intoxicated. One thing leads to another and the two drunk college students end up having sex. If both of these individuals were drunk when they agreed to have sexual intercourse, can one claim that the other raped them?

Under the law, if a person's ability to resist or consent to sexual acts is substantially impaired because of a mental or physical condition, and the other person is aware that this impairment affects their ability to resist or consent, then they can be charged for rape if they commit sex acts with the impaired party.

While this law covers individuals who know of the other person’s incapacitation but still commit sexual acts, it does not clearly address situations that involve two drunk parties who engage in sex acts. When it comes to rape cases that involve two drunk parties, it can be very difficult to determine whether both consented to the alleged sex acts. To make a ruling, the court will have to look at the specific details of the case to determine the level of consent each party was capable of while they were under the influence of alcohol.

Rape cases involving two drunk parties is a common issue at college campuses across the country. When a university is made aware of a rape accusation, the institution must adhere to Title IX guidelines. Under Title IX, colleges can use their judgement when making a decision on a rape case involving two drunk students. Because colleges are pressured to scrutinize rape accusations, many schools hand down strict punishments without fully investigating the situation.

St. Louis Sexual Assault Defense Attorneys

Because rape cases involving drunk parties are complicated, it is crucial for the accused to secure the services of a skilled attorney. At The Hammer Law Firm, LLC, our experienced team of lawyers are committed to helping clients throughout St. Louis defend their rights and restore their reputations. If you have been accused of committing rape or another sex crime, you should immediately consult with our law firm to discuss your legal options. We are here to guide you through every aspect of your case and answer all of your questions. Let us put our skills to work for you today.

Call (314) 334-3807 to request your free case consultation with a criminal defense lawyer in St. Louis.

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