Consent Under the Influence

Consider the illogical message many schools are sending their students about drinking and having sex: that intercourse with someone “under the influence” of alcohol is always rape. Typical is this warning on a joint Hampshire, Mount Holyoke and Smith website: “Agreement given while under the influence of alcohol or other drugs is not considered consent”; “if you have not consented to sexual intercourse, it is rape.”

Now consider that one large survey showed that around 40 percent of undergraduates, both men and women, had sex while under the influence of alcohol. Are all these students rape victims?

- Mishandling Rape, by JED RUBENFELD, New York Times, NOV. 15, 2014

A 2015 survey commissioned by the Association of American Universities found that more than one in four women at a large group of leading universities said they had been sexually assaulted by force or when they were incapacitated while in college.
- ERICA L. GREEN and SHERYL GAY STOLBERG, Campus Rape Policies Get a New Look as the Accused Get DeVos’s Ear, NYT, JULY 12, 2017

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