Blog

How Alcohol Complicates Title IX Sexual Assault Cases on Campuses

Posted by Joseph D. Lento | Apr 20, 2018 | 0 Comments

Alcohol is a large part of college culture. Though the legal drinking age is 21, alcoholic substances invade university social life from the beginning of freshman year. The average student's accessibility to alcohol on campus is at an all-time high, as students are exposed to countless fraternity parties, house parties, bar crawls, and peg stands throughout the course of their college experience. With so much alcohol literally at the fingertips of students, many of them admit to drinking in excess. Unfortunately, binge drinking has contributed to many fatal incidents on campuses, causing traffic accidents, alcohol poisoning, injuries, and even death.

Among the most controversial and important issues on college campuses is sexual assault. Numerous surveys and studies have highlighted the epidemic-like rates of sexual assault on college campuses, and how the culture on these campuses perpetuates an unsafe and unsupportive environment for potential victims and survivors. Many advocates believe that one of the most effective ways to combat sexual assault is for institutions buckle down on the prohibition of alcohol use and abuse amongst students.

Alcohol has always been included in the rhetoric centered on sexual assault on campus. Heavy drinking has been cited as a predictor of sexual assault on campus, and it's oftentimes a factor in many of these cases. It's a popular choice for students because it lowers inhibitions and gives consumers “liquid courage,” making it easier for people to meet each other. In the minds of many college students, alcohol and sex go hand and hand. As a result, the context of alcohol in this setting becomes something you do to facilitate sex.

Under Title IX, sexual encounters that ensue without consent are considered sexual assault. Alcohol vastly complicates these already intricate incidents, as school investigators attempt to garner facts that establish consent (or the lack thereof), and incapacitation to come up with a determination. In the majority of colleges, incapacitation does not specify a certain number of drinks, or a specific blood alcohol content level to constitute it. Hence, these cases can be tricky and incredibly difficult to resolve. Resolving these cases is a task that challenges the likes of official criminal investigators, so it must serve as an incredibly monumental challenge to less equipped school investigators.

It's important to note that while sexual assault and excessive alcohol consumption are correlated, and the critiques to address alcohol use on campus are valid, it shouldn't necessarily be the core of sexual assault prevention. The agents of high rates of sexual assault on campuses are comprised of many-layered and nuanced underlying issues rooted in cultural norms, sexism, and college culture. Focusing solely on alcohol alleviates accountability from perpetrators that should be held responsible for their actions.

Student Defense Attorney Helping Clients Nationwide

Alcohol complicates Title IX sexual assault processes, making it more difficult for investigators to understand what really happened. If you have been accused of sexual assault, and alcohol was involved in your case, it's important you retain a student defense attorney to help you defend yourself.

National Title IX attorney Joseph D. Lento has dedicated his entire career to helping student accused of sexual misconduct defend themselves adequately in New Jersey, New York, and Nationwide. He can do the same for you. Contact him today.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Attorney Joseph D. Lento passionately fights for the futures of his clients nationwide. Attorney Lento and his team represent students and others in disciplinary cases and various other proceedings at colleges and universities across the United States. Attorney Lento has helped countless students, professors, and others in academia at more than a thousand colleges and universities across the United States, and when necessary, he and his team have sought justice on behalf of clients in courts across the nation. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being. In various capacities, the Lento Law FIrm Team can help you or your student address any school-related issue or concern anywhere in the United States.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Comments have been disabled.

Contact Us Today!

If you, or your student, are facing any kind of disciplinary action, or other negative academic sanction, and are having feelings of uncertainty and anxiety for what the future may hold, contact the Lento Law Firm today, and let us help secure your academic career.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania, New Jersey, and New York attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations - the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Allegheny, Berks, Bucks, Carbon, Chester, Dauphin, Delaware, Lancaster, Lehigh, Monroe, Montgomery, Northampton, Schuylkill, and York County. In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County, In New York, Attorney Joseph D. Lento represents clients throughout New York's 62 counties. Outside of Pennsylvania, New Jersey, and New York, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance may not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, New York, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.

Menu