Missouri criminal defense lawyers Steven Waterkotte and Chris Combs talk about alleged victims being too intoxicated to give consent.
Episode Transcript
Steve Waterkotte: Most people know [what’s] common sense, but there’s also ways in which I’ll say something that might not be consent is somebody’s too incapacitated. You see that.
Chris Combs: Too much to drink.
Steve Waterkotte: Drinking, drug use, and they could not consent, give informed consent. And we’ve dealt with cases at the college level or Title IX cases. Chris has had some of those cases where they say, “Well, this was rape or statutory sodomy,” – whatever the case may be, whatever the facts fit – but saying that individual, the alleged victim, could not consent due to intoxication.
Consent is consent. We know that. “Hey, is this person willing to engage in a sexual act?” “Yes.” Why I said that, we often see those facts of saying “That was not consent because so and so was too intoxicated to give consent.”
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