Many cases of sexual abuse or sexual assault involve a discrepancy in power. Some cases involve perpetrators physically overpowering victims or using threats, such as the act of brandishing a weapon, to force them into a traumatizing situation.
Other times, they may use positions of authority to gain access to and manipulate their victims. State law absolutely recognizes forcible sexual abuse and abuses based on uneven power dynamics as crimes. In some cases, state authorities may pursue charges in cases that involve alcohol or other mind-altering drugs.
How can substances influence allegations of sexual misconduct?
Intoxication affects one’s ability to consent
Generally speaking, coercing or forcing another person into a sexual encounter is abusive and illegal behavior. If a person cannot give clear consent, then any sexual acts they perform may not be voluntary and lawful.
In cases where one party has consumed a large amount of alcohol or other mind-altering drugs, they may not have full control of their faculties and could make choices that do not align with their personal values. They may even be so inebriated they cannot effectively resist unwanted advances.
Particularly in cases where one party is under the influence and the other is sober, there is a history of declined advances or another form of social imbalance in the relationship, an act of intimacy that occurs while one person is under the influence could lead to prosecution. Interactions that may have seemed consensual can lead to life-altering accusations.
Assessing the state’s evidence and the claims of the other party can be critical for those facing claims of sexual misconduct. A defense attorney can provide insight into the law and assist with developing a strategy for a criminal defense.