Sexual assault is a serious crime whose victims are scarred for life. Although sexual assault stories are often premised on “drugging” the victim, a large number of cases typically result from the victim being sexually abused while under the influence of alcohol. Worse of all, reporting the sexual assault to authorities is more the exception. From 1993 to 1999, about 70% of rape and sexual assault crimes were not reported to the police.
Laws of Consent for Sexual Acts Committed Under the Influence
The responsibility aspect can be greatly impaired if both parties are under the influence. The key factor in deciding responsibility is when consent seems no longer permissible. Just because a party gives their consent for sex does not mean consent is permanent. Once someone says they no longer wish to have sex, consent has been removed and the other party should refrain from continuing. Of course, alcohol can make decisions seem irrational or illogical. If there is any sort of gray area, such as doubt of consent, it should be taken as a form of disapproval. Once someone expresses doubts, the other party should stop immediately or risk the chance of sexually abusing someone. Further more, if the violator was carrying an STD and transmitted it onto the victim, additional Criminal as well as Civil Charges can apply. View your states STD Transmission Law.
Help for Victims of Sexual Assault under the Influence
- Filing a Police Report: If you believe you have been the victim of a sexual assault, regardless of the presence of alcohol, you need to contact the police immediately to report it. You need to explain your situation so that the police can begin gathering evidence and make a determination on how to proceed.
- Pressing Charges and Gathering Evidence: The issue of pressing charges usually begins with a determination of whether the prosecution can sustain a case. This determination is made after the police gather evidence through medical examinations and interviews. In gathering evidence, the police will speak to the victim, suspect and any other witness around to determine the level of intoxication and try to recreate the events that took place. If possible, medical exams can shed some light on if it was possible a sexual assault occurred.
- Civil Lawsuit Action for Additional Damages: One of the common areas for civil lawsuits has been victims of molestation under the influence. States and the courts have authorized civil suits for victims of child abuse once they reach the age of 18, as well as situations where discovery of the abuse was delayed based on repressed memories or other situations. Victims usually seek damages for the cost of past and future therapy, loss of childhood, failure to fulfill potential and the long-term emotional damage resulting from the abuse.
Adults can also seek therapy costs, along with pain and suffering expenses, but are required to do so usually within a three year Statute Of Limitations, unless shorter by state law.
Accused and Defending a Sexual Assault Charge Committed Under the Influence
How a Lawyer can Help
If you are charged or suspected of committing sexual assault while either you or the accuser were under the influence, you need to contact a lawyer immediately to understand your rights and obligations under the law. Hiring an experienced criminal lawyer will help ensure you understand what you are required and not required to provide under law, and help prove your innocence. Your lawyer will ensure that you do not incriminate yourself based on intoxication at the time, and that all defense possibilities are pursued.
