MyHealth.Alberta.ca Network

What if both people are drunk or high and they have sex? Who assaulted who since no one can give consent?

In Canada, people who are drunk or high cannot consent to sex and being drunk or high is not a legal defense for having assaulted someone. If both people were drunk or high and had sex and afterwards both people were happy and satisfied that sex happened, neither would raise a concern about sexual assault. If someone reports a sexual assault and both people were drunk or high, it’s often obvious who the assailant was based on their interpretation of the events, reports from witnesses or who has the most power in the relationship. Anytime someone thinks they may have been sexually assaulted, it’s important to contact a health care provider or call/text One Line for sexual violence at 1-866-403-8000

 
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