Legal Dilemmas when Victims of Sexual Assault are Voluntarily Intoxicated

Abstract

This issue of The Journal includes an article that brings to the forefront legal challenges that arise in prosecuting sexual assault cases in which the victim is voluntarily intoxicated. As we move as a society away from victim blaming and closer to an objective, nonjudgmental approach to victims of sexual assault, the law too has to evolve. In this commentary, we review how laws have generally approached intoxication in the contexts of criminal defenses, sexual consent, and other decisional capacities related to voluntary intoxication. We explore Teravskis and colleagues’ findings and conclude with an exploration of possible implications for defendants and considerations for forensic psychiatrists working in this area.