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Is it Rape?

Alcohol blurs line between consensual sex and sexual assault

Emily Murray
Issue date: 9/20/07 Section: Main Stories
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The facts on sexual assault are sobering.

One out of every four female college students will be sexually assaulted – and most of those attacks will come from someone a woman knows. In fact, despite the fact that most rape prevention seminars focus on preventing random violent attacks, as many as 95 percent of sexual assaults come at the hands of acquaintance or date rape, according to Commander Jim Hardina, with the ASU Department of Public Safety.

By law, date rape is defined as having sex with another person without that person’s consent.

What constitutes consent is difficult to define, though. Mental illness or cognitive impairment legally prevents a woman from giving her consent, even if she verbally says it’s okay. This being said, alcohol is most frequently a factor in cases where a woman has been assaulted.

“How drunk is too drunk? There is no specific limit like with a DUI, it’s a big grey area,” Hardina said. “It’s important for guys to realize that when a girl (or anyone) is impaired with alcohol, to any degree, consent to sex can never be legally given.”

Most men don’t inherently want to rape or harm anyone, Hardina explains, but when alcohol is involved, lines get crossed and inhibitions are lowered. If a woman is intoxicated, this should be a huge red flag and caution should be taken to avoid either party from getting hurt.

“If you don’t already have predetermined (sober) consent, don’t have the first time you have sex her be while she’s drinking,” Hardina advises.

Hardina said that all of the sexual assault cases on the ASU campus that he has encountered in his seven years on campus have been alcohol related. Many people are completely aware of the dangers of roofies or date rape drugs, but fail to recognize that alcohol is actually the number one drug of choice.

For college girls, it is extremely important to use the buddy system, Hardina says. He also advises that If you see one of your friends has had too much to drink and she is becoming involved with a guy, grab her by the arm if you have to, and drag her home.

She will thank you for it in the morning, and, if she’s still interested in the guy, make the decision to pursue the guy herself when she is sober.

 Ultimately, however, there is only so much a girl can do to protect herself and it’s up to men to know the law and restrain when a woman has had too much.

“Women can’t prevent rape,” Hardina says. “Only men can.”


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