With stories such as the Steubenville High School rape case spreading through
social media and news coverage, the topic of rape has come to the forefront
in people’s minds. What was once a taboo topic is now considered
a national problem. However, with all the conversation about sexual assault
and what constitutes rape, rather than finding strict black and white
cases, there are more gray areas.
Some of the ambiguity stems from the question of consent and intoxication.
Many individuals often wonder whether a person can give consent to sexual
acts while intoxicated. The simple answer to this is no. Ohio laws dictates
that sexual conduct cannot occur if:
The other person’s ability to resist or consent is substantially impaired
because of a mental or physical condition or because of advanced age,
and the offender knows or has reasonable cause to believe that the other
person’s ability to resist or consent is substantially impaired because
of a mental or physical condition or because of advanced age.
Under this code, “impaired mental or physical condition” includes
the state of intoxication. If a person is drunk or high and are not conscious
of their decisions, they cannot give consent to sexual activity. When
it comes to allegations of rape, though, it can be difficult to prove
the level of intoxication in court. An experienced criminal defense lawyer
can help parse through the details to ensure that your rights are upheld
if you have been accused of rape.
Rape is a very serious matter. Even an accusation has the power to taint
an individual’s reputation and adversely affect their personal and
professional life. At Koffel Brininger Nesbitt, we believe that you have the
right to due process. You are innocent until proven guilty! Our Columbus
criminal defense lawyers work hard reviewing your case to ensure that
we properly and effectively represent you. Contact us today for a consultation
and take the first steps to getting your life back!