Under the influence of alcohol : the validity of consent in cases of rape

Abstract

Rape is described as non-consensual sexual intercourse with someone. When alcohol is also added to the situation, it constrains one’s train of thought and obstructs one’s ability to consent. Rape under the influence of alcohol makes it even more difficult to prove because of alcohol’s legality and ease of access. Therefore, this study investigates whether alcohol has an effect on individual’s awareness of consent during rape situations. To conduct this study, semi-structured interviews were organised with six participants. These participants are professionals whose career is related to working with victims and perpetrators. From these interviews, combined with independent research, and reference to a case study, this study finds that due to the complex nature of the cases under investigation, it is particularly difficult to prove the soundness of an individual’s decisions. Due to the nature of the crime, victim’s credibility is also doubted by the criminal justice system and by the community. Victim blame is indeed still an issue. Through these findings, it can be concluded that victims should be treated more appropriately during the criminal justice process. Additionally, it is the responsibility of current and future educators to guide children and adolescents in proper handling of alcohol, consent and sex.