Impairment and Intoxication Can Negate Sexual Consent

There is some confusion as to what constitutes rape. Some people think that it means that a person uses violence to force a person to do sexual acts;  however, this might not be the case. In the simplest terms, a rape occurs when there isn’t consent by one party, and there is penetration of the anus or vagina by any body part from the other person. There is also a provision that makes penetration by an object rape if it is forced into the victim by the rapist.

When you look at the definition of rape, you can see that there isn’t much room for guessing what it entails. What you might not realize is that it doesn’t matter how much the body part or object penetrates. Even the slightest penetration is considered rape. Another point that some people don’t realize is that every penetration can be a separate charge.

Because of the word “penetration” in the definition, some people thought that men didn’t have any protections here. The wording also means that if a man is forced to penetrate another man or woman, they are being raped unless the man has given his consent.

It is also important to note that a person who is impaired or intoxicated can’t give consent. This means that someone who has mental disabilities might not be able to consent at all. It also means that drug or alcohol consumption can negate consent, so anyone who is looking for sexual activities should be sure to evaluate the other person’s state.

The very nature of the crime means that it is seen as a horrific one. If you have been charged with rape, you need to think about a defense strategy
right away. You may have to deal with public scrutiny while your case works its way through the court system, so remember to try to protect yourself against that.

Free Initial Consultation Today

If you live in Oak Grove, Fort Campbell, Hopkinsville, or Cadiz, Kentucky, don’t face your criminal charges on your own. Reach out to criminal defense attorney Michael J. Thompson and schedule a free consultation to discuss your criminal charges. You can reach Mr. Thompson at (270) 439-1175. You can also contact our law firm by filling out our online contact form.

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