When anyone uses an "anesthesia-type" drug or purposely plies someone with alcohol which renders her/him unable to make sound decisions, renders them physically helpless or incapacitated (passed out), that person is incapable of giving consent to sexual activity.

The most common drugs used to commit this crime are alcohol, GHB, Ketamine, and Rohypnol-otherwise known as “date rape” drugs.

Even if an individual consents to drinking alcohol, becomes intoxicated or willingly uses legal (prescription) or illegal substances and they participate in sexual activity, this can still be considered rape.

At least 80% of college students who had unwanted sex were under the influence of alcohol.

Core Alcohol and Drug Survey. Core Institute, University of Southern Illinois. 2003.

Alcohol is implicated in more incidents of sexual violence – including rape and child molestation – than any other single drug; 38% of sex offenders in state prison were under the influence of alcohol at the time of the crime, 14% under the influence of marijuana and 7% under the influence of cocaine.

Dangerous Liaisons: Substance Abuse and Sex, The National Center on Addiction and Substance Abuse at Columbia University. December 1999.

For more information, please visit our Training and Technical Assistance page on substance use and sexual violence.