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Victim Intoxication and Capacity to Consent in Sexual Assault Statutes across the United States.
J Am Acad Psychiatry Law
December 2022
Dr. Teravskis is a psychiatry resident at the University of Alabama at Birmingham, Birmingham, AL. Dr. Grossman-Kahn is a resident at University of Minnesota, Department of Psychiatry and Behavioral Sciences, Minneapolis, MN. Dr. Gulrajani is Associate Professor of Psychiatry at University of Minnesota, Department of Psychiatry and Behavioral Sciences, Minneapolis, MN.
Alcohol use is common in cases of sexual assault. These cases raise significant questions about a victim's capacity to consent to sexual intercourse. In many United States jurisdictions, intoxicated victims may be considered mentally incapacitated only if they have been administered alcohol or other substances involuntarily.
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