Social Theory and Practice

Volume 48, Issue 2, April 2022

Samuel Director
Pages 235-261

Sober Thoughts on Drunken Consent
Intoxication and Consent to Sexual Relations

Drunken sex is common. Despite how common drunken sex is, we think very uncritically about it. In this paper, I want to examine whether drunk individuals can consent to sex. Specifically, I answer this question: suppose that an individual, D, who is drunk but can still engage in reasoning and communication, agrees to have sex with a sober individual, S; is D’s consent to sex with S morally valid? I will argue that, within a certain range of intoxication, an individual who is drunk can give valid consent to have sex with an individual who is sober.