Owasso, OK asked in Criminal Law for Oklahoma

Q: I blacked out from drinking too much alcohol, someone had sex with me while I was blacked out, is that rape in Oklahoma?

I have no memory of making inside my apartment or anything after that and woke up the next morning naked from the waist down. I was left on the couch with my pants on the floor and no blanket to cover me. He was in my bed in my room sleeping. He was also drinking but only had 3 drinks in comparison to my 6. He’s significantly taller and weighs more than me so I know he wasn’t that drunk since he drove us to my apartment. He confirmed we did have sex but I’m not sure if I was able to actually consent in the state I was in.

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2 Lawyer Answers
Jessica Brown
Jessica Brown
Answered
  • Oklahoma City, OK
  • Licensed in Oklahoma

A: I am so sorry to hear this happened to you. If anyone is in an altered mental state (I.e. blackout drunk), they can't consent to sex, signing a contract, etc. I don't practice criminal law (only civil here), so I'm not sure offhand about the legal definition differences between rape and sexual assault, but it sounds like it's at least one of them.

You're welcome to reach out to me to discuss some options here. Again, I'm so sorry this happened to you and I wish you the best.

Charles Watts
Charles Watts
Answered
  • OKLAHOMA CITY, OK
  • Licensed in Oklahoma

A: By definition a person who gives consent to sex, but technically is unable to, is a victim of 2nd degree rape, also known as statutory rape. You need to contact your local law enforcement agency for potential criminal charges to be filed on the perpetrator.

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