Cornell case highlights the patchwork of state laws governing intoxication, sexual consent

A Cornell University student’s allegations of gang rape in 2024 have renewed attention on a difficult area of sexual assault law. A person can be awake, responsive and even able to move during a sexual encounter while still being so intoxicated or impaired that they cannot understand what is happening or make an informed decision about sex. But whether that person is considered legally incapable of consenting can depend on the state.

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