Often we receive questions that ask whether or not it is illegal under the Uniform Code of Military Justice to engage in sexual activity with someone who is drunk. There is in fact a lot of training that’s going on right now in the military that would tend to suggest that it is a violation; however, I’m here to tell you it is not.
People who are intoxicated can still legally consent, but those are going to be very specific factual circumstances that are going to decide legally, under the right standard, whether or not that decision is sound.
If a service member finds themselves in that particularly precarious position, it’s all the more important to get to an attorney as quickly as possible to discuss your rights and the path ahead.
For questions about how to protect your rights when accused of sexual assault, contact the Law Office of Jocelyn C. Stewart. 1-888-252-0927.