Alcohol, Drugs, and Consent

According to the Code of Conduct, if a person is incapacitated by drugs or alcohol they cannot provide consent.

In order to consent to sex, a person must be oriented to time and place and understand fully what is happening. Someone who is in and out of consciousness is not able to consent.

There are also circumstances when a person who is experiencing a blackout from drinking may appear to be functioning normally, but is still incapacitated. This can result in a victim having no memory of what happened during periods of time.

There are a lot of risks involved with combining alcohol or drug use with sexual activity. The implications for both the victim and the perpetrator are very serious.

A Penn State student who engages in sexual activity with an incapacitated person could be liable under the law AND the Code of Conduct, even if they are intoxicated, too.