Is Intoxication a Defense Against Rape Charges in Illinois?

 Posted on November 18, 2024 in Sex Crimes

Rape, also referred to as sexual assault, is a sex crime that carries serious legal consequences in Illinois. A common influencing factor in rape cases is alcohol, with some studies showing that 30 percent of all sexual assaults and 75 percent of those on college campuses occur when the offender is intoxicated. This leads many defendants to wonder whether their intoxication can be a defense against a sexual assault charge given that the alcohol may have affected their judgment and perception. Some argue that the alcohol impacted their ability to register that the victim did not consent. However, intoxication is not always a valid defense against a rape charge. For more details or to discuss the specifics of your case, contact an experienced Illinois criminal defense attorney.

Can Intoxication Be a Valid Defense Against Rape Charges?

Sex becomes rape when one of the participants does not consent to it. Some who face rape charges argue they were under the influence of alcohol during the act, which led them to either not realize or care that the victim did not give consent. But when considering a rape case in which the defendant was intoxicated, the law usually differentiates between two types of intoxication:

• Voluntary intoxication: If the defendant willingly drank alcohol and became intoxicated as a result, it is not a valid defense against rape charges. A person is expected to take responsibility for his or her own actions even under the influence of an intoxicating substance. 

• Involuntary intoxication: If the defendant became intoxicated involuntarily, on the other hand, it may be a defense against a charge of sexual assault. If an intoxicating substance was slipped into the defendant’s drink, for example, and he or she then committed sexual assault while under the influence, a court may view the case more leniently.

How Does the Victim’s Intoxication Affect a Rape Case?

More often, sexual assault cases focus on the victim’s intoxication. This is a relatively common occurrence in rape cases, particularly those on college campuses. Under Illinois law, someone who is intoxicated cannot consent to sex. Therefore, if the defendant knew or should have known that the victim was intoxicated, it could lead to a sexual assault charge. 

What Are Some Valid Defenses to a Sexual Assault Charge?

While intoxication may not be a defense against a sexual assault charge, common ones include:

• Valid consent: If your attorney can show that consent was given or that the defendant reasonably believed there was consent, it may be a defense against a rape charge.

• Lack of credibility: Your attorney may find inconsistencies in the defendant’s statements and account of events, which could hurt his or her credibility and help your defense.

• Alibi: If you are able to prove that you were not present at the time and place in question, the charges may be dropped.

Contact a Kane County, IL Sexual Assault Defense Attorney

Intoxication is not a legal defense against sexual assault charges, but there may be details about your case that can help reduce or dismiss them. Our highly experienced attorneys are ready to investigate any criminal allegations made against you and create a personalized, aggressive legal defense. Schedule a free consultation with a Geneva, IL rape defense lawyer at Komie and Associates by calling 312-263-2800 now.