While terminology like “sexual battery” or “rape” varies, the principle remains consistent Hypothetically let's say that two individuals are heavily drunk, to the point that their ability to give consent is questionable. Having sex with a person who has consumed alcohol is not necessarily rape, many if not most couples have sex for the first time under the influence of alcohol The question, as others have pointed out, is whether the person had sufficient capacity to consent given her mental state. Under colorado law, a person cannot provide knowing consent if they are severely intoxicated However, the mere fact that two people had sex while drunk does not automatically mean it qualifies as rape—referred to as sexual assault under the colorado revised statutes.
Someone who is drunk or otherwise intoxicated often can't say no, even if she doesn't want to have sex It might be that she can't communicate or that she passed out and is unconscious If the victim can't consent, the person who forced intercourse can be charged with rape. If the drunk individual did sexually assault the victim, he or she may still face criminal charges for inflicting harm and causing trauma A lawyer would need to defend the accused at that point.
OPEN
