Can Mutual Intoxication Lead to Sex Crime Charges

Yes. Mutual intoxication can lead to sex crime charges, even when there was no intent to cause harm. That’s because under SC law, a person who is too intoxicated to consent legally cannot agree to sexual activity, even if they seem to go along with it at the time. In cases involving mutual intoxication, things can get murky fast, and the consequences can be life-altering.

At The Law Office of Brad C. Richardson, LLC, our Conway sex crime attorney has seen how quickly these cases can spiral, even when both parties made poor decisions under the influence. If you’re being investigated or charged with a sex crime tied to intoxication, your defense starts with understanding the law and your rights. It is important you speak with an attorney first before doing anything.

Why Alcohol Complicates Consent and Sex Crime Charges

Consent is immensely crucial in any sexual encounter, and the law is clear. Someone who’s unconscious or too impaired to understand what’s happening cannot legally consent to sex. The law doesn’t require a blood alcohol level to define too impaired. Instead, it considers whether the person had the capacity to knowingly and voluntarily consent, leaving considerable room for interpretation.

But what if both of you were drinking heavily? What if each of you claims the other initiated it? What if neither of you remembers much of what happened? That’s where mutual intoxication becomes a legal and factual puzzle. One person may wake up feeling taken advantage of and file a report. Even if both parties were equally intoxicated, only one may face charges depending on the specific facts, the statements made, and law enforcement’s observations.

The danger here is that police and prosecutors often make judgment calls based on who reported first, who appears more vulnerable, and how statements are made. In mutual intoxication cases, it’s not uncommon for one person to face charges while the other is treated as a victim, even if both were drinking, both participated, and there was no physical force involved.

Put simply, the law focuses on who could understand what was happening and who could not. Consequently, the prosecution may focus on who seemed less aware or communicative to highlight how impaired one person may have been, even if the other was equally drunk.

Sex Crime Charges Carry Real Consequences

If you’re charged with criminal sexual conduct, even in a situation where you believe consent was mutual, you can face:

• Years to decades in prison
• Mandatory sex offender registration
• A permanent criminal record
• Damage to your reputation, career, and family

That’s why you should work with a seasoned Conway sex crime lawyer as early as possible, who can:

• Evaluate all available evidence, from surveillance video to medical records and witness statements
• Work with experts who can explain how intoxication affects cognition and consent
• Challenge assumptions early, especially in interviews or depositions, where statements may be used against you
• Protect your rights when police or prosecutors make judgments about who was more intoxicated or less able to consent

These kinds of cases often hinge on interpretation, not just facts. A strong defense means making sure your side of the story is heard and backed by credible medical and behavioral analysis.

Talk to Our Conway Sex Crime Attorney

If you’re facing accusations after a night of partying, speak to our Conway sex crime lawyer at The Law Office of Brad C. Richardson, LLC, right away. Schedule your confidential consultation by calling 843-488-4321 or contact us online.