TABLE 2-4Intoxication and the Incapacity to Consent for Criminalizing Rape and Sexual Assault, by Jurisdiction

Factors Leading to Incapacity to ConsentJurisdiction
Victim is unconscious.All jurisdictions
Victim is voluntarily intoxicated.10 jurisdictions: Arizona, California, Idaho, Kansas, Louisiana, Montana, South Carolina, Washington, Wisconsin, Virgin Islands

NOTE: Georgia has long-standing case law that covers intoxication.

SOURCE: Tracy et al. (2012, pp. 24-27).

From: 2, Legal Definitions and Context

Cover of Estimating the Incidence of Rape and Sexual Assault
Estimating the Incidence of Rape and Sexual Assault.
Panel on Measuring Rape and Sexual Assault in Bureau of Justice Statistics Household Surveys; Committee on National Statistics; Division on Behavioral and Social Sciences and Education; National Research Council; Kruttschnitt C, Kalsbeek WD, House CC, editors.
Washington (DC): National Academies Press (US); 2014 Apr 7.
Copyright 2014 by the National Academy of Sciences. All rights reserved.

NCBI Bookshelf. A service of the National Library of Medicine, National Institutes of Health.