Questions Regarding Alcohol and Consent That You May Be Too Afraid to Ask

The area of sex crimes is a touchy subject across America. There are many questions that people are too afraid to ask, but need to know the answers to. We have the answers for you:


1. Is Sex Always Nonconsensual When the Parties Involved Have Been Drinking?

Sex is not always nonconsensual when one or both parties have been drinking. Many people desire sexual activity after drinking. Although, after drinking, it does become more challenging for one to consent to another. This is because:

  • Alcohol affects the ability to communicate clearly.
  • People may be more likely to disregard messages they are sent if they drink willfully.
  • Alcohol can give people tunnel vision, which makes them more determined to get that one thing they are focused on.
  • Alcohol can increase aggressiveness, which can be disastrous for sex.


2. How Much Does Someone Need to Drink to Be Unable to Consent?

A person who is under the influence of drugs or alcohol cannot legally give consent in Wisconsin. Therefore, to stay the safest possible in a situation where one or both parties involved have been drinking, refrain from having sex until everyone sobers up.


3. What if Someone Said “No” to Sex When Sober and Then “Yes” After a Few Drinks?

If you are caught in this situation, use extreme caution. Your safest bet in this situation would be to wait until the person sobers up and then ask for consent again. Consider things like:

  • How much has the person had to drink since I last checked in?
  • Have they ever consented to sexual activity with you when sober?


4. What if the Two Involved Are in a Relationship?

When people are in a relationship, consent does not always involve an explicit conversation. But this does not mean that it is okay to have unwanted sex. Before mixing sexual activity and drinking with your partner, first get the hang of them separately.


5. What if Both People Involved Are Drinking?

If one of the parties involved does not give consent, that is the end of the story. It does not matter if both parties have been drinking. The law will not accept drunkenness as an excuse. When it comes to who is charged, the court usually penalizes the person determined to have initiated the sexual activity, even if they were drunk.

If you are under investigation for a sex crime in Wisconsin, you need a strong sex crime attorney to help you fight for your rights.


Contact our team at 608-237-6854 to schedule your initial consultation where we will discuss your case and your options.