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Ask Dr. D. Love Your Own Question
Dr. D. Love
Dr. D. Love, Doctor
Category: Medical
Satisfied Customers: 18427
Experience:  Family Physician for 10 years; Hospital Medical Director for 10 years.
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My friend has been accused of assault and I'd like to find

Resolved Question:

My friend has been accused of sexual assault and I'd like to find out where can I get some medical advise on what does having no consent means. Would a person without consent be able to feel things, see things, tell weather someone was happy or angry, speak immediately after? be sober immediately after...
Submitted: 10 months ago.
Category: Medical
Expert:  Dr. D. Love replied 10 months ago.

It is unclear what you are asking.

Are you asking about the person giving consent or the person receiving consent?

Are we referring to a person that is consider incapable of providing consent?

If you can provide more details about the scenario, it may be more clear.

Customer: replied 10 months ago.
I am asking about the person giving consent. If the person is under the influence of alcohol and claims to be 'out of it' and not being able to consent, would that person be able to feel things, see things i.e. whether the condom has been used or not. Would that person be able to tell who walked into the room and talk if she was unable to consent or speak a minute earlier? Is there a medical explanation as to what being without consent means and what it involves i.e. unable to speak, feel, read on other's people emotions?
Expert:  Dr. D. Love replied 10 months ago.

Alcohol will cause a person to be intoxicated and unable to give consent long before they are unconscious or unable to speak or to feel or see things. If the person is sufficiently intoxicated that they do not fully understand the situation and what it is that they are agreeing to, then that is not consent.

For a layperson that has no experience in assessing intoxicated individuals, there is no hard and fast rule to guide whether the person is intoxicated and unable to give consent. Saying that they were not unconscious and were able to perceive their environment, though, is not an indication that they are able to give consent.However, a rule that I told my son when he went off to college was that if they are too intoxicated to drive, then they you should assume that they are too intoxicated to give consent for sexual activity.

Customer: replied 10 months ago.
Thank you that is great! The girl however says she was asleep on the floor when this has happened. Three other people, including the person who's being accused, said she was standing leaning against sink. Would the position from the back be possible if the girl was unconscious, as she claims without any bruises to her body. It isn't an easy task to lift an unconscious person it must be even harder to have sex with such
Expert:  Dr. D. Love replied 10 months ago.

Actually, it is more likely that she was simply intoxicated, as many people do not remember the period of intoxication and may assume that they were asleep. Some people can sleep when leaning against structures that are able to provide sufficient support, but it is more likely that a person that is asleep would not remain upright leaning against a sink.

However, whether she was asleep or so intoxicated that she cannot remember the incident, she would not be considered able to give consent in either case.

Sadly, having sex with an unconscious female happens more than most people realize. Just earlier this year, there have been two widely publicized cases (at Stanford and Florida) involving people breaking up such incidents, and there are likely many others that never get broken up and/or never get significant media attention.

Customer: replied 10 months ago.
this case was slightly different as the guy who's been accused of doing so, stayed and waited for the police and gave full evidence. He believed, and still believes the girl was able to consent. If she was so drunk she was unable to consent, why would she be able to talk to her friend the moment the door opened and say she was raped when her friend asked if this was the case? In my understanding, and from my experience, if you're drunk, you're drunk and you cannot sober up in a matter of minutes. The police came 10 minutes later and none of them mentioned in the report she was unable to talk or walk. She has given a full story. We're trying to find a way to prove this was impossible if she was as drunk as possible but have no idea how...
Expert:  Dr. D. Love replied 10 months ago.

It would be difficult to assess level of intoxication after the fact. Many police officers have some experience in being able to assess intoxication level, so the testimony of the police officers that arrived 10 minutes later may be more valuable than the testimony of other laypersons in the room. While a relatively new police officer may not yet have much experience either, the best that may be able to be done in this situation would be for his attorney to question the police officers about their assessment of her level of intoxication.

Dr. D. Love and 3 other Medical Specialists are ready to help you
Customer: replied 10 months ago.
Thank you for your response and advice Dr. D Love.

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