Some studies have found a link between allegations of sexual misconduct and alcohol use, especially among college students. One study determined that the alleged perpetrator was under the influence in anywhere from 30% to 75% of on-campus sexual assault cases.
Alcohol can lower a person’s inhibitions, meaning they may act in ways they would not if they were sober. Alcohol use by the alleged victim can also make it more difficult for them to recognize a dangerous situation or defend themselves from a sexual assault. This is certainly not to say that alcohol causes sexual assault, but simply that it is a common factor in many of these cases, making sexual misconduct more likely.
Complicating the case
Alcohol use can also make investigations more complicated if criminal allegations are made. If both people involved were intoxicated, neither may have a clear memory of exactly what happened.
This often leads to situations where both parties provide very different accounts of the same event. One person may say that they were drinking at a college party, met someone there and engaged in a consensual sexual encounter. The other person, however, may claim that they were not interested in any sexual activity, that the encounter was not consensual and that they were manipulated or forced into it against their will. They may claim the other party took advantage of their inebriated state.
Legal defense options
For those accused of sexual misconduct, especially in cases involving alcohol where the facts may be disputed or unclear, it is important to understand what legal defense options may exist and what steps can be taken to help protect their future.