The Impact on Consent in the Crime of Sexual Assault: Analysis of Cases of Alcohol Intoxication of the Victim

Bohorquez Guevara M.Y. · Derecho PUCP (2026) · DOI: 10.18800/derechopucp.202601.003

Resumen

This article addresses a relatively recent problem: the impairment of consent in cases of sexual assault in the context of alcohol consumption. Specifically, it analyzes cases in which the victim, after having voluntarily consumed alcoholic beverages beforehand, experiences a compromised capacity to freely consent to a sexual act. The study aims to determine whether consent can be considered free, conscious, and voluntary in the context of sexual relations when the person giving it is under the influence of alcohol, even if its consumption was voluntary. Furthermore, based on the premise that consent is a gradable category, three typologies of cases are identified that reflect different levels of impairment of consent in this context. Finally, it argues that anyone who engages in sexual relations with a person under the influence of alcohol should be aware of certain indicators that would reveal whether their decision-making capacity is impaired to such a degree as to invalidate their consent, which could imply the risk of incurring criminal liability for the crime of sexual assault.

Instituciones: Pontificia Universidad Católica del Perú