How do intoxication and alcohol use affect affirmative consent in a college sexual misconduct case?

First, it's important to understand what affirmative consent is in a college sexual misconduct case. Different schools are going to have different policies as to what constitutes affirmative consent, but at many schools, affirmative consent can be considered knowing, voluntary and mutual consent between parties that's displayed either by word or physical interaction. Both, say, verbal expressions, statements, that is, or physical interactions between parties, as long as they're mutually understood, can invoke consent between the parties for a sexual or intimate interaction.

College sexual misconduct cases, because alcohol and drug use is often a consideration in such matters, there can be a dispute between intoxication and incapacitation. A person can consent if they're intoxicated, a person cannot consent if they're incapacitated. Different schools are also going to have different policies as to their definition of intoxication and incapacitation. At your given school, if accused of sexual misconduct, it's very important to be very familiar with your school's policies and to also have an experienced attorney advisor help you navigate the process and protect your interests from as early as possible in the process.

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.