Rape, sexual assault, and other "egregious" sexual acts come to mind when we think of sex crimes. Nevertheless, not all sexual misconduct offenses make newsworthy headlines. More often than not, sex crime accusations are not as sensational as people think. In fact, some individuals commit sex crimes without even being aware of them.

Under PC 261(a)(3), raping an intoxicated woman is an offense. The law defines rape as having sexual intercourse with another person without her consent under certain circumstances. You could face charges under PC 261(a)(3) if you have sex with a woman who cannot consent or resist due to an anesthetizing or intoxicating substance. To face charges, you must have known that the victim was intoxicated. The violation of PC 261(a)(3) is a serious felony offense with severe consequences. If you or your loved one faces charges of raping an intoxicated woman, you should contact an experienced attorney to help you fight the charges.

The Prevalence Of Drunk Sex

People who go to bars, college parties, and nightclubs are more likely to consume alcohol. Therefore, it is unsurprising that these people are usually intoxicated when they leave. Perhaps they return home with the same people they came with or meet a "special person" during the night out.

The question remains, can an individual consent to sex while drunk?

Because rape claims have become increasingly prevalent over the years, this question frequently concerns people, particularly young people in high school and college. For example, most college students report being raped or sexually assaulted through violence, physical force, or incapacity. In addition, a significant percentage of women have been raped or faced attempted rape in their lifetime.

Drunk sex is a prevalent crime perpetrated unintentionally and unknowingly, leaving many wondering if they can engage in sexual relations with an unconscious woman while intoxicated.

An Intoxicated Person Cannot Consent

When a person is high or intoxicated, she cannot consent or say no to sex. Therefore, if you engage in sexual intercourse with the intoxicated victim when you should reasonably have known that the victim was intoxicated, you will face rape charges under PC 261(a)(3).

Rape is defined as a sexual act performed on a person who is not the perpetrator's spouse when the victim is unconscious, under the influence of a controlled substance, and the accused knew or should have known that the victim was in this situation.

Alcohol is classified as an "intoxicating" substance. Anesthetics substances are typical "rape drugs" like Rohypnol, Lysergic Acid Diethylamide (LSD), or Gamma-Hydroxybutyrate (GHB). Other drugs, like ecstasy, barbiturates, or MDMA, do not qualify. All substances regulated by the U.S. government are considered controlled substances.

Raping an intoxicated woman is a felony under California law. You could face harsh penalties, including imprisonment of 3, 6, or 8 years in state prison. You will also have to register as a sex offender. Many people do not understand the meaning of the phrase "prevented from resisting." This means that because the victim was intoxicated, she could not consent to sexual intercourse because she cannot make a sound judgment.

When determining whether the victim meets the legal threshold of being able to give consent, the judge considers several factors. For example, the judge will consider the victim's age, the amount of alcohol the woman consumed, and the woman's maturity level.

Drunk Sex Is Not Consensual Sex

It is crucial to note that intoxicated sex is not consensual sex, even though it is not technically against the law. Here is a paraphrase of the law, “To demonstrate that the victim's consent was not intelligent, voluntary, or knowing, "proof of the victim's mental disability or defect is admissible."

According to this concept, those who are "mentally impaired" by drugs or alcohol cannot consent to sex. Unfortunately, this rule holds even if both parties involved are intoxicated. Most courts would rule that in a situation where both parties are intoxicated, the guy is to blame for the "non-consensual" intercourse. Therefore, you should never have a relationship with someone who is intoxicated or otherwise mentally unstable, regardless of gender.

Although everyone should be aware of these regulations and the rules that go along with them, mistakes can nevertheless occur. Therefore, you should retain a skilled sex crime attorney as soon as possible if you or a loved one is accused of a sex crime.

Prevented From Resisting

People are "prevented from resisting" if they are too drunk to offer legal permission/ consent. An individual must be capable of using good judgment to provide legal consent. In other words, the victim must comprehend and evaluate the act's physical nature, moral implications, and likely outcomes. Legal consent is permission given willingly and knowingly by a party conscious of the nature and implication of the act.

This implies that you could still face rape charges even if the other person responds, "yes, yes, yes" both before and after sexual contact. The court will consider circumstantial evidence demonstrating the party was too drunk to provide lawful consent.

Elements Of The Crime

For the prosecutor to accuse you of rape of an intoxicated woman under PC 261(a)(3), he/she must prove the following elements beyond a reasonable doubt:

  • You engaged in sexual intercourse.
  • You accomplished this act with another person other than your spouse.
  • The victim was under the influence or intoxicated with drugs, alcohol, or another substance.
  • The victim could not have resisted your actions because of the intoxication.
  • You knew, or you should reasonably have known, that the victim was intoxicated in a manner that she could not resist your actions.

The charges you face for raping an intoxicated woman will vary depending on the victim's intoxication level, the specific act you committed, and your knowledge (whether you knew that the victim was intoxicated). Usually, the judge focuses more on consent.

Consent Under California Law

The law outlines that consent is affirmative action. Therefore, you cannot claim that the victim consented to your actions because she did not resist. In addition, for consent to be present, the two people involved must have agreed to engage in sexual intercourse. Under California law, the legal age of consent is 18 years. However, even if the victim is older than 18 years, the law states that most parties must be of sound mind when agreeing to engage in sexual intercourse.

Knowing Whether A Person Is Capable Of Giving Legal Consent

The following behavior, according to California courts, indicates that a person was too drunk to consent:

  • If the victim was so intoxicated that they were throwing up and hit the wall.
  • If the person passed out at some point or had problems moving around on their own.
  • If revelers agreed to that, the victim should "sleep it off.".

How is it possible for me to face rape charges after engaging in sex with an intoxicated person?

If you have sex with someone who is under the influence or intoxicated and exhibit the above-discussed signs of intoxication, and that person decides to tell the police, you could be prosecuted for rape. That is how easy it is.

What If The Perpetrator Was Intoxicated

Being intoxicated and unable to consent yourself is not an excuse for rape. Many crimes demand "specific intent," meaning that you meant to commit a crime to be prosecuted. However, committing rape or any other sexual crime does not require the perpetrator to have had the intention to do so.

Rape is a crime of general intent, which implies that even if you did not realize you were raping the victim, you are still guilty. Many people who are charged under this aspect of the law were unaware that it was illegal to have intercourse with someone who was intoxicated. Therefore, you could still face rape charges even if you are intoxicated.

Raping An Unconscious Woman

So, the cops arrest the defendant, accusing him of raping an unconscious woman. This is about someone who uses alcohol or drugs, and then someone takes advantage of them and has sex with them. However, there is a common argument by the individual who has been arrested, who says, "Listen, we were both intoxicated, and I thought she gave consent. As far as I recall, she was fine with it. I did not make her do anything.”

So this could be a defense in a sexual offense case. Not so much since someone can argue, "Well, I was intoxicated, so I should not have been prosecuted for a crime," because voluntary intoxication does not qualify as a defense to many offenses in California.

It can help to reduce the severity of some crimes. Voluntary intoxication can qualify as a defense in specific intent offenses but not in general, particularly in general intent crimes. You should understand the distinction between rape and consent.

Consequences Of Raping An Intoxicated Woman

Rape with an intoxicating substance is a felony with a prison sentence of three, six, or eight years. Furthermore, you will be a sex offender and a convicted felon, which will have social and professional consequences. Therefore, for the rest of your life, you must register as a sex offender according to California Penal Code 290. Usually, this crime will be subject to lifetime registration.

Fighting PC 261(a)(3) Charges

The prosecutor must prove all the elements of rape of an intoxicated woman for you to face charges. In addition, the evidence presented by the prosecutor must prove beyond a reasonable doubt that you committed the said offense. The court could acquit you of the charges if the prosecutor cannot present evidence beyond a reasonable doubt.

Rape is a severe offense with harsh penalties. Therefore, hiring a skilled defense attorney is essential when you learn that you are being investigated for rape. Even if you complete the prison term, which usually lasts for eight years, this will not end your problems. When you rape an intoxicated woman, the law requires you to register as a sex offender. Usually, the registration is for life.

You can fight your charges by proving that there was no sexual intercourse between you and the intoxicated woman. You will not be accused of rape if there is no sexual intercourse. On the other hand, your attorney can help you prove that the victim was not intoxicated. You can also point out that the victim was slightly drunk but still had complete control of her mind and could make a sound decision about whether to engage in sexual intercourse.

The other defense involves proving that you did not have a reasonable way of knowing that the victim was intoxicated. If you convince the judge that you thought or reasonably believed that the victim was of sound mind, the judge can acquit you of your charges.

Even if your belief that the woman was capable of consenting to sexual intercourse was incorrect, you are not guilty of rape. This call for two things: first, that the accused believed the woman could consent, and second, that the defendant's belief was reasonable.

If the perpetrator never witnessed the victim vomit or was unaware of it, this would be a great example of using this argument. Additionally, this defense can apply if the offender did not believe the victim was intoxicated and had never witnessed the victim drinking. Before deciding whether to allow the defense to be read to the jury, the court will consider the evidence in the case, including witness testimony. The jury would probably not accept this defense if the accused had noticed the warning signs mentioned above.

Other Valid Defenses

Consider this scenario: Two people have sex, both of them are intoxicated by alcohol or drugs, and one of them claims that the other individual took advantage of them.

How will rape charges apply when both participants are drunk?

If the alleged victim cannot remember much of what transpired, and the individual who allegedly took advantage of them cannot recall much of what happened, that situation qualifies as a defense. However, if you are accused of a sex offense, you must avoid making mistakes when presenting a defense. This is where an attorney ensures you do not contradict yourself.

In other words, it is similar to a rape charge where everyone is sober. If two individuals interact sexually and agree to it, there is no crime. Just because someone regressed later does not automatically make it a crime. So you will have to consider the surrounding circumstances and facts.

SART Exams

In most sex crimes cases, especially rape cases, someone will undergo a SART exam, which means "sexual assault exam," to see if there is any DNA to determine if or not the victim has injuries consistent with having been raped. Tears in the vagina and other relevant evidence, followed by an opinion from the SART nurse and medical expert on whether or not the woman was forcibly raped.

In situations where two individuals are drunk and engage in sex, just because someone regresses later does not mean that the act was rape. When officers prosecute a case or turn it over to prosecutors, it is because one participant is drunk and the other is sober. The sober partner then takes advantage of the intoxicated person and rapes them.

An Attorney Can Guide You Through The Process

The rape of an unconscious person is undoubtedly a grave offense in Los Angeles. Therefore, you should find legal representation immediately if you are accused of this offense. Do not respond to any inquiries from law enforcement, and let your lawyer lead you through the procedure.

However, when it comes to determining whether two intoxicated people could be involved in some type of sex crime, it comes down to logic, common sense, and the circumstances surrounding whatever happened. If the ordinary person says, "Wait a minute, you cannot accuse somebody of rape under these circumstances," that begins to sound like a solid defense.

However, if a regular person were to say, "Wait a minute, this seems like someone here took advantage of another person," you would have a problem. Therefore, a lot of this information requires evaluation. You must consider all of the available evidence in a case.

The officers do not look at everything when investigating these sex crime situations. They consider one viewpoint. They do not consider the viewpoint of the opposing party.

This is where your criminal defense attorney comes into the picture to provide the best evidence and circumstances in your favor. An attorney will also determine whether the prosecution will drop the case, decide not to pursue the case at all, or persuade the jury that you are innocent.

Find A Los Angeles Criminal Defense Attorney Near Me

As you can see, being intoxicated makes one incapable of consent. To avoid being accused of rape, we advise you to refrain from having intercourse with someone who is drunk. You risk losing your life if you are found guilty of this crime because you will serve time in prison, pay penalties, and be forced to register as a sex offender.

If you or a loved one is charged with raping an intoxicated woman, our Los Angeles Criminal Attorney attorneys would be happy to assist you in developing a defense to fight your charges. Contact us at 424-333-0943 to speak to one of our attorneys.