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intoxication and intent


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  • From: "Crocker, Patricia King Williams - crockepk" <>
  • To: "" <>
  • Subject: intoxication and intent
  • Date: Tue, 20 Aug 2013 20:41:45 +0000
  • Accept-language: en-US

Hi everyone,

 

Forgive me for asking what has likely been discussed before, but I’m new to the listserv…

 

As I’m sure many of you have also found, many students I see as clients in our counseling center are struggling to come to terms with sexual experiences they have had where both they and their partners were intoxicated.  The questions I always feel stumped by when working with these clients relate to consent and intent.  Specifically, if both parties are intoxicated, is either considered capable of giving or getting consent?  And secondly, does someone have to intentionally take advantage of a person’s incapacitation in order for the act to be considered sexual assault?  In less formal language, can someone ‘accidentally’ perpetrate sexual assault if they engage in sexual activity without consent but also without malicious intent?

 

Your thoughts are much appreciated as well as any relevant resources that address this unfortunate scenario.

 

Patricia K. W. Crocker, Ph.D.

Staff Psychologist & Coordinator of Sexual Trauma Empowerment Program

James Madison University

Counseling and Student Development Center

Varner House

800 South Main Street, MSC 0801

Harrisonburg, VA  22807

Phone: (540) 568-6552

Fax: (540) 568-8096

 

Because of the high value we place on the privacy of our clients, staff members of the CSDC do not use email to provide counseling services.  Further, because we cannot guarantee that messages will be read regularly, information regarding emergency situations should not be transmitted to us via email.  All communication about matters other than scheduling should occur either in-person at Varner House or by phone (540.568.6552).  For mental health emergencies occurring after working hours or on weekends, please contact the Office of Public Safety (540.568.6911) or go to the Emergency Room at Rockingham Memorial Hospital, 2010 Health Campus Drive, 540.689.1414.

 

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