Rape by intoxication hard to prove

By Teri Figueroa

"Sex with a person too drunk to say OK is not OK. It is called rape by intoxication. And it is a crime -- one with a potential sentence of eight years in prison..."

"Hendren is quick to state that just drinking and having sex is not a crime. Rape by intoxication occurs when the victim is so drunk, he or she cannot use reasonable judgment, and thus cannot consent."

"The standard signs of extreme intoxication, from an inability to stand or walk to vomiting to passing out, are the same signs that people should take to mean that sex is not an option, Hendren said."

"Those rules apply even if the extremely intoxicated person says 'yes' to sex..."

Full article available at http://www.northcountytimes.com/articles/2008/12/29/news/californian/riv...