Many people think consent is a straightforward deal, but that’s not true. Consent to sexual acts is ambiguous, especially when defined by Georgia law. Based on these facts, how does alcohol impact consent in Georgia? Let’s take a look.
Consent & Alcohol in Georgia
You may be surprised to learn that Georgia law does not define consent; it only defines what isn’t consent. “Without consent” is defined as “a person whose concurrence is required has not, with knowledge of the essential facts, voluntarily yielded to the proposal of the accused or of another.”
Under this definition, how alcohol impacts consent is arguable. If someone is tipsy and agrees to a sexual act, it could be argued that the person “voluntarily yielded to the proposal of the accused.” However, if someone is black-out drunk, then arguably, he or she cannot voluntarily yield to a sexual proposal.
Regardless of the circumstances, if you are accused of any sexual misconduct, you should talk to a knowledgeable and experienced criminal defense attorney about the accusations.
Interestingly, some colleges define consent more thoroughly when compared to the state.
Consent & Alcohol at the University of Georiga
The University of Georiga (and other Georiga colleges) gives a more in-depth definition of consent. Consent is defined as, “words or actions that show a knowing and voluntary willingness to engage in mutually agreed-upon sexual activity.”
However, consent cannot be gained by force, intimidation, or coercion, or by taking advantage of the incapacitation of another.
The University of Georgia defines incapacitation as, “The physical and/or mental inability to make informed, rational judgments.”
Incapacitation can result from:
- Mental disability;
- Sleep;
- Involuntary physical restraint; or
- The unintentional or intentional taking of alcohol and/or other drugs.
Based on this definition, while enrolled at the university, buzzed sex may not be consensual sex because the alcohol messed with the person’s ability to make informed, rational judgments.
Have You Been Accused of Sexual Misconduct?
Whether enrolled at a university or not, if someone is making accusations of sexual misconduct against you, it’s a good idea to talk to an experienced sex crimes attorney about your case.
Call (770) 977-6105 now for a free consultation concerning your alleged crime.
