A CASE-REPORT - ALCOHOL-INDUCED BLACKOUTS DURING SEXUAL INTERCOURSE -LEGAL RESPONSIBILITY

This article analyzes a criminal rape trial in which neither the male nor the female claimed any memory of the sex act. Afterward, the femal e and the prosecution contended that under such circumstances, a rape had occurred on the theory that the female was unconscious. The male d enied any memory of the sex act, even under hypnosis, and was found no t guilty. The acquittal was apparently based on the jury's belief that both the female and the male were conscious during intercourse but we re unable to recall the sex act due to alcohol-induced blackouts. Conc lusion: In assessing potential criminal liability for participation in sexual intercourse between intoxicated persons lacking memory of the incident, and in the absence of evidence of force, the government shou ld carefully avoid holding either participant to a higher level of leg al responsibility than the other for such intercourse. Seldom is prose cution warranted under such circumstances.