Sex on Tuesday: Knowing When to Stop

At this point I shouldn't really be surprised. Last week, some readers, for whatever reason, managed to mangle my words.

I never mentioned drinking to black-out. I never mentioned trying to get someone else drunk. Yet somehow, a few people figured out a way to peg me as someone who condones rape.

It probably has to do with how a select few have stereotyped me as being a "frat dick" when I like to think the opposite is true. So instead of reading what I wrote, people read what they thought I'd write. But enough about me.

In the comments from the online version of the article, there was a bit of discussion as to what exactly constitutes rape when alcohol is involved-at what point does "yes" become "no"?

Given this discussion, I decided to take a break from my usual happy-go-lucky columns for a week. Instead, I wanted to invite in a legal professional to bring clarity to this confusing issue.

So please give a warm round of applause in welcoming in Kevin Beecham. Kevin is a deputy district attorney in Riverside County who works in the sexual assault and child abuse unit.

Mustafa Shaikh: Give me a general overview of sex crimes.

Kevin Beecham: There are certain sex crimes that are specific intent and there are certain crimes that are general intent. The reason why that's important is because when a person is voluntarily intoxicated, that can be a defense for specific intent crimes. If it's a general intent crime, that's not a defense.

For instance, sexual battery is a specific intent crime. … If the person is intoxicated, it can be a defense.

Rape is a general intent crime, meaning that it's not done for a specific purpose. ...

In rape, you don't need to have any sexual intent. As long as there is intercourse, it doesn't matter if you're drunk or not drunk or whatever. If that person doesn't give you consent and you do it by force or fear, then it's rape.

MS: Can you go into more specifics about the exact definition of rape and intoxication?

KB: Penal code 261(a)(3) says, "Where a person is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known."

So the guy might not even be the one buying the drinks, he might just be hanging out. It could even be the girl buying the drinks and she gets so intoxicated that there's just no way that she can really give consent.

MS: What does the law say about a scenario in which a guy and a girl are equally drunk to the point that neither has much self-control?

KB: He can be charged. I probably wouldn't charge it if they were both just really drunk because in his mind he might not know how sober she is ...

I have to prove that the guy knew, or reasonably should have known that the intoxicated substance prevented the woman from resisting.

MS: If a man or woman took advantage of me while I was drunk, could I press charges?

KB: I'm looking at the exact jury instruction that's read to the jury and it says, "the defendant has sexual intercourse with a woman." It specifically does say "woman."

I've never seen a man complain of it. It could happen theoretically, just that's never been an issue.

MS: When does a girl go from being tipsy to not being able to give consent?

KB: You've probably have gone to parties and seen people hammered. If you've seen a girl puking and just can't even walk to the dorm, then a guy starts coming on to her and she's just going along with it, that's probably past that point where she can't resist, where she doesn't even know what's going on around her anymore. ...

It's really a case-by-case basis and we just have to analyze it that way. Look at the facts and see what she was able to do what she wasn't able to do.

She doesn't have to be passed out, but she has to be to the extent that she can't resist if she wanted to.

MS: Thanks for your help, Kevin.

There is no point in denying that alcohol is a visible part of the college social scene. Whether you like it or not, it happens. The best thing to do is to learn how to personally handle alcohol consumption so you don't find yourself in a situation you regret years from now. Stay classy, Berkeley.

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