is it possible 2 consent under the influence?

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meowwwwwww123
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is it possible 2 consent under the influence?

Unread post by meowwwwwww123 »

so like obviously if someone is roofied or super drunk they can’t properly consent.

but i hear about drunk hookups and ppl having sex while high? so is that consensual?

im wondering bc when i was like 15 i had a sexual experience online on omeglewhere the guy (who was probably an adult) was high (but i can’t remember if i was high or not??)

and now i’m worried that was somehow SA even though within like 25 seconds i already wanted to stop and i felt uncomfortable idk
Heather
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Re: is it possible 2 consent under the influence?

Unread post by Heather »

Hi there, meowwwwwww123.

From a legal standpoint, in the United States, if substances are involved, then no, anyone who has been using substances (or has been given them unaware) is not considered able to give consent.

From a more real-life standpoint, this often depends on how the person or people using the substances felt and feel. Everyone has different levels of tolerance for a given substance (and that also often changes from day tom day), and, like you said, how much of something someone has used is also a factor. Ultimately it comes down to if the person using the substances thinks or thought that their judgment was or could have been impaired: being able to use sound judgement is the main standard for determining consent.

Whether or not something is assault -- both legally and practically -- also involves motivation, though. Generally, when we are trying to determine if someone engaged in assault or not, we have to consider if they intended to do harm or not, and if they intended to violate or bypass consent or not. Assault isn't something someone does on accident: it's a term meant to describe very intentional choices.
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