New Article In Advice!– “Is sex considered rape if both people are drunk?”

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Is sex considered rape if both people are drunk?

Answered by Break the Cycle
Reviewed by M. Keskinen on 05/09/2013

Is sex considered rape if both people are drunk?   

This is a tricky question. Rape or attempted rape is a form of sexual abuse. Sexual abuse refers to any action that pressures or coerces someone into unwanted sexual activity, or a sexual situation that makes him or her feel uncomfortable. It can also refer to behavior that impacts a person’s ability to control his or her sexual activity or the circumstances in which sexual activity occurs, including nonconsensual oral sex, rape, or restricting access to birth control and condoms. Some examples of sexual assault and abuse are:

·         Unwanted kissing or touching

·         Unwanted rough or violent sexual activity

·         Refusing to use condoms or restricting someone’s access to birth control

·         Keeping someone from protecting him- or herself from sexually transmitted infections (STIs)

·         Threatening or pressuring someone into unwanted sexual activity

In order for sex to be consensual and not sexual assault, both parties must freely give verbal consent. Legal definitions of rape vary by state, but if one partner is intoxicated, drugged, unconscious, or otherwise unable to give a clear and informed “yes” or “no” to sexual activity, the activity is considered sexual assault. It is very risky to engage in sexual behavior if you or your partner have been drinking heavily or using other drugs. If either or both partners are too intoxicated to give verbal consent, sex can be considered rape. Additionally, if you know that your partner would not want to engage in sexual activity while sober, it is wrong and perhaps illegal to try to persuade them while they are intoxicated even if they do consent.

Being intoxicated after voluntarily drinking alcohol is generally not a defense or excuse to rape.  In rape cases where the alleged rapist is intoxicated, this fact may reduce the severity of the criminal charge, but a person may still be found guilty of rape or sexual assault.

Blog-only note: If you feel that you may have been sexually assaulted, or have questions about how to get meaningful consent, please contact your school’s student health services, counseling office, or Dean of Students office for help and guidance. Often, there will be a directory on your school’s website that will help you find phone numbers and different services on campus. Your school may also be listed on ULifeline.

This item appears on our MyStudentBody-Student site in the Advice section.

LinkedIn for Student Affairs Networking?

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Amy here!

People who read this blog might know me as the person who helps people develop implementation plans and troubleshoot technical support issues, but what you may not know is that I was once in Student Affairs. I’d like to stay current in the field, even if I am not currently a practitioner. I’ve recently been spending more time working on my profile on LinkedIn (I’ll share it when I get it whipped into shape!), and I’ve been wondering if there were any groups that it would be especially beneficial for me to join.

Anyone have any LinkedIn tips or group suggestions? Ping me on Twitter, reply to the blog, or email me at acavender@hazelden.org. Thanks in advance!

I am thinking about using LinkedIn for some student affairs and health promotion networking– if you have recommendations for groups you think would be beneficial

Upcoming 5/1 webinar on Campus-Based AOD Needs Assessments

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John Clapp and Tracy Tlumac (both formerly of the much-missed Higher Education Center) will be sharing their considerable expertise in campus-based needs assessments for alcohol and other drug programs via a webinar on Wednesday, May 1, 2013, at 2:00 CDT. This 1.5 hour webinar will help schools develop pragmatic needs assessment plans that make efficient use of limited resources.

Click here to get more information and register for our upcoming webinar.

New Article In Advice!– “My roommate gave me his ADHD drugs”

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I’ve been trying to study for finals and found that I just can’t stay up all night. My roommate gave me some of his ADHD meds, and that helped a LOT!  Is it bad to take these every once in a while?

It is never wise to take someone else’s medications, even if they have been prescribed by a doctor. Most medications used for ADHD (attention deficit hyperactivity disorder) are stimulants. They boost energy, concentration, and attention, and they reduce the need for sleep. As a result, they appear to be ideal for studying for finals.  But they have many potential problems, some very serious. People really enjoy how these drugs make them feel and using them can result in addiction. Regular use can also cause tolerance, meaning over time, the user needs more of the drug to gain the same (short-term) benefits. In fact, with regular use, people without ADHD lose most of the initial benefits from these drugs.  The meds start to backfire and actually undermine the ability to study.

In addition to the potential for addiction, these meds have many possible side effects, even with a single use. These include faster heart rate, abnormal heart rhythm, and higher blood pressure. Side effects involving the nervous system include seizures, stroke, restlessness, dizziness, insomnia, abnormal movements, tremor, and headache. Psychotic symptoms are also possible and can include paranoia, hearing voices or seeing hallucinations, but this is uncommon.

It’s also worthwhile to examine your use of medications to perform better on tests. Is this the equivalent of athletes using performance-enhancing drugs, which is considered unethical and illegal?

ICCPUD Webinar Series About Preventing Underage Drinking–April

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There’s an on-going webinar series provided by the Interagency Coordinating Committee on the Prevention of Underage Drinking (ICCPUD) that may be of great value to people who are working to reduce underage drinking and the related harms on campus.

You can click here to get more information.

This month, there will be discussion on how to use evidence-based strategies to reduce underage drinking. If you can’t watch it live, they are archiving them. The last one was in March, and it’s available here.