How could alcohol lead to date rape charges?

On Behalf of Kirsch Daskas Law Group | Jan 26, 2022 | Sexual assault 

People have used alcohol as a social lubricant for a long time. It helps them come out of their shells, strike up conversations with people they do not know or pluck up the courage to ask someone out. While many people have a lot of fun using alcohol to release their inhibitions, it can also be problematic.

Many people wake up in the morning, not entirely clear about what happened the night before when they were drinking. Sometimes people wake up in bed with someone else, and neither has a clear memory of how they got there or what they did. It could lead one to accuse the other of rape or assault.

Even when stone-cold sober, you do not remember every second of every day. Yet, details will be vital in a case such as this. The crucial one being, was the encounter consensual?

How do people give consent?

Few people will pull out a consent form for both parties to sign before getting intimate. Many never even ask the question, “Do you want to do this? Do you want to do that?” Often, people advance on feelings or non-verbal clues alone. So judging what was and was not consensual can be incredibly challenging when alcohol has blurred your memories.

You might be sure it was consensual because you would never consider doing anything otherwise. But how can you prove that when the other person says it was not, and you cannot remember the precise details? How do you defend yourself when it is your word against your accuser’s word?

Do not even try to handle this kind of situation alone. The consequences of a conviction are too nightmarish to imagine, and without a thorough understanding of all the defense options available, your nightmare may become a reality.