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.

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