Can I Be Charged With Sexual Assault If I Was Drunk Too?
In this blog, we will share information regarding the question ‘Can I be charged with sexual assault if I was drunk too?’
JD Solicitors are a fully (SRA) regulated law firm with a team of highly qualified and specialist solicitors. Our solicitors recognise that being investigated or charged with a serious criminal offence is a daunting prospect.
Our specialist advice and reassurance, from the first phone call through to the conclusion of the case, is the bare minimum of what we offer when it comes to our clients.
What should I do if I am accused of sexual assault when drunk?
If you have been accused of sexual assault, drunk or not, there are certain things you should do, and not do at all. You can severely affect your freedom and standing in court by taking certain actions.
Here are the dos and don’ts when it comes to this situation:
Do not contact the accuser:
You should under no circumstances contact the person who accused you. Whether this is in person, in writing, online, or through someone else. This can be seen as interfering with a witness, obstruction of judges, which can result in further charges. Any attempts at communication must be done through your legal representative.
Do not discuss case details with anybody:
Do not discuss the details of the case with anybody. This includes friends, family or via social channels. Any statement can be taken out of context, misinterpreted, leading to further issues, like the statements being used against you.
Do try to remain calm and cooperative
An accusation of sexual assault can be life changing and induce feelings of depression, anger, and lead to isolation if you become ostracised by your local community. Acting as a result of these understandably strong feeling can worsen the situation.
Cooperate with the authorities at all time with your solicitor present.
Preserve your own evidence
Any evidence relating to the situation is key in proving your innocence. Evidence can come in many forms, which includes:
- Write down everything you remember about the situation in extreme detail. From the beginning of the day up until the accusation. Include any conversations relevant to the situation if they occurred before the incident.
- Digital evidence, which includes but is not limited to, texts, emails, phone calls, digital communications including social media interactions should be kept. Screenshotting and saving the files on a separate location (like a USB or hard drive) can help.
- Provide the details of any witnesses relevant to the situation to your solicitor.
- CCTV in all the locations you frequented with the accused can be critical in proving a case. You must contact your solicitor to obtain this footage immediately before the footage is deleted.
Is it possible to be charged with sexual assault if we were both drunk?
Yes, it is entirely possible to charged with sexual assault, regardless of how drunk yourself or the accuser was at the time. Here is why:
Consent is non-negotiable
As a definition, consent is understood to be agreeing by choice, and having the capacity and freedom to make, or revoke, that choice. Now the question becomes, can someone who has drank alcohol have the capacity to give consent?
Legally, if you are intoxicated from alcohol, you cannot consent. If you don’t understand what you are ‘consenting’ to, or are unable to stand, acting out of character, or being sick as a result from alcohol, then you are not in your right mind, and therefore unable to consent.
Legal outlook on intoxication
Voluntarily intoxicating yourself via alcohol or drugs is generally not seen as a valid defence in a majority of cases. Intoxication is classed as a reckless act, and as a result, are still held accountable for your actions while under the influence.
The responsibility is with the accused
The person who initiated the sexual activity is responsible for ensuring the other person has consented, and more importantly, is capable of freely providing that consent. Regardless if it is your long-term partner or spouse, if they are too intoxicated, you could be committing a sexual offence by proceeding.
What if the person who accused me also threatened or coerced me?
If the accuser is intoxicated and demanded, threatened or coerced you into proceeding with the sexual activity, then this alters the dynamic of the situation, making you the victim in this situation.
While their intoxication might affect their capacity to consent to you, it does not give them the right to coerce or threaten you.
If someone makes demands or threatens you (whether physically, emotionally, or by threatening to harm you or others, or by threatening to damage your reputation or career), any “agreement” you give is not considered valid consent in the eyes of the law. You are being forced into it.
Your primary concern in such a situation should be your safety. If you feel threatened or pressured into sexual activity, you are being exploited and assaulted.
By trying to remove yourself from the situation, even calling the police if necessary, this might be the safest way to deal with such a situation.
However, this changes dramatically with the individual circumstances with each case. For a full legal understanding of your specific rights in this instance, you should speak to a solicitor.
How do sexual assault cases work when both parties are intoxicated?
In cases involving intoxication, evidence like CCTV footage, witness testimony, text messages, toxicology reports, and accounts of behaviour before, during, and after the incident become crucial in determining the level of intoxication and capacity to consent for both parties.
In the court of law, evidence is required in order to substantiate claims, or support a defence. Although, complications can arse when both parties are alleged to be intoxicated before, during and after the incident.
Does the cause of the intoxication affect the case?
Yes, to a degree. Whether the intoxicant is alcohol or drugs, it must be considered that these substances react differently with each individual. What may be an amount that someone can be ‘fine’ with, others may be much more sensitive.
Regardless, intoxication of any kind will impact the ability to provide consent, which is key in sexual assault cases. You should provide full disclosure on any substances taken beyond alcohol with your solicitor, as not revealing such information can cause issues if revealed in court without your solicitor knowing.
Solicitors for sexual assault accusations
If you’re facing a sexual assault allegation involving alcohol, speak to JD Solicitors today for expert, confidential advice from experienced defence lawyers.
JD Solicitors is a respected criminal defence firm known for our successful track record. Our team of experienced solicitors has extensive experience defending clients against a wide range of criminal accusations.
