Abstract
Rape accomplished by administering drugs and alcohol, and rape of self-intoxicated persons is a disturbing problem in the United States today. Most American jurisdictions outlaw the sexual assault of persons after the defendant has administered an intoxicant. A smaller number prohibit sexual conduct with persons incapable of consenting because they have become self-intoxicated. I argue that all modem rape statutes should prohibit sexual conduct with persons incapable of giving consent due to intoxication regardless of who is responsible for the intoxication. If the defendant administered the drugs as a prelude to rape, he should be punished also for a separate crime of drugging or for a more serious sexual offense.
How to Cite
44 Ariz. L. Rev. 131 (2002)
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