Q:
A few
nights ago I drank to the point that I blacked out. The next day I was
talking to my friend and he said, that last night was great. I had no idea
what he was talking about, so I asked him. He was sort of like, you don't
remember... I guess that I gave him oral sex. But I don't remember and I
wouldn't have done it if I was sober. So I guess my question is...was I
raped?
A:
Legally, an
intoxicated person who is impaired to the point of black out is unable to
give consent for sexual activity, so technically, this can be considered
rape. From a practical standpoint, you are unable to give any history of
what happened, so it is your friend's word against your lack of memory,
and there is no way to legally prove your impairment due to alcohol
ingestion, so it is rare for a case like this to be prosecuted
successfully due to the lack of witnesses (unless someone else who was not
impaired can testify to your state of intoxication and that you were
coerced or forced to have oral sex).
From the standpoint of your personal health after an incident like this, you
should be concerned about possible STD exposures from fellatio, and should
be seen in the Student Health Center next week when we reopen to discuss the
screening we would recommend. We also strongly urge that you avoid future
heavy drinking episodes (i.e. more than 4 drinks per setting) so you are not
at risk of future injury or illness or unwanted sexual activity.
~The Doc
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