Fully informed and freely given consent cannot truly be given if a person is incapacitated.
Incapacitation is the physical and/or mental inability to make informed, rational judgments that prevent an individual from giving valid consent. A person may be permanently or temporarily incapacitated due to substances such as alcohol or drugs, severe emotional distress, a disability, they may be passed out or asleep, or they may be under the age of 18.
Incapacitation Due to Alcohol or Other Substances
Over 80% of all sexual assaults on college campuses involve alcohol by one or more persons. While persons can consume alcohol and consensually engage in sexual activity, there may come a point when a person is incapacitated and therefore is unable to give consent.
Here are some signs of incapacitation:
- Slurred speech
- Stumbling
- Vomiting
- Bloodshot eyes
- Smell of alcohol on their breath
- Outrageous or unusual behavior
- Passed out, unconscious, or asleep
This list is not extensive. If you’re not sure if someone is capacitated and therefore able to consent to sexual activity, do not engage in any sexual activity.
It’s important to remember that a person can be conscious and still be incapacitated. Even if a person says “yes” to sexual activity while they’re incapacitated, if their partner proceeds, they are in violation of SSU’s sexual misconduct policy.
If you're planning on having sex with someone, make sure they are capacitated and able to consent. If they choose to drink to the point of incapacitation, don't engage in sexual activity.
If you're thinking of engaging in sexual activity with someone, monitor your alcohol consumption so your partner can ensure you’re capacitated.