Incapacitation - meaning and definition
Alsoincapacitatedtoo drunk to consentincapacitated consent
Definition
Incapacitation is a state in which a person cannot make or communicate an informed choice, for example because of alcohol, drugs, sleep or unconsciousness. An incapacitated person cannot consent.
At a glance
- An incapacitated person cannot make or communicate an informed choice.
- Alcohol, drugs, sleep or unconsciousness can cause it.
- It is more than being tipsy; confusion and difficulty standing are warning signs.
- If in doubt, the respectful and safe choice is not to proceed.
- Responsibility lies with the person initiating, never with the incapacitated person.
In detail
Incapacitation is more than being tipsy. Signs can include confusion about where one is, slurred speech, difficulty standing, vomiting, or drifting in and out of consciousness. When it is unclear whether someone is capable of deciding, the respectful and safe choice is not to proceed.
Responsibility lies with the person initiating intimacy, not with the person who is incapacitated. How much a person drank or took has no bearing on whether they were harmed; many laws recognise sexual activity with an incapacitated person as a serious offence.
In a sentence
- He was clearly past drunk and into incapacitation, so his friends took him home.
- The policy says an incapacitated person cannot consent, no matter what they said earlier.
Common questions
How can you tell if someone is incapacitated?
Signs can include confusion about where they are, slurred speech, trouble standing, vomiting or drifting in and out of consciousness. If you are unsure, assume they cannot consent, and if they seem very unwell, get medical help.
Is it my fault if something happened when I was very drunk?
No. How much someone drank or took does not make harm their fault. A rape crisis centre or sexual assault service can offer confidential support, and you can use these services without deciding to report to police.