Civil Lawsuits For Sexual Assault When Drinking Was Involved

Unfortunately, it is becoming more common that a night of fun and partying can end with a nonconsensual sexual assault. I founded Kircher Law, LLC, in Cincinnati to represent victims of sexual assault throughout Ohio in civil lawsuits. I am attorney Konrad Kircher, and I want to help hold sexual predators and assailants accountable for the trauma they have inflicted on abuse victims. If you were sexually assaulted or abused while you were intoxicated or under the influence of drugs or alcohol, I can help hold perpetrators responsible.

Consent, Impairment And Sexual Assault When The Victim Is Intoxicated

Under Ohio law, a person cannot consent to sexual activity if that person is impaired. An impaired person is defined as someone who is mentally or physically incapable of resisting or consenting. A person who is under the influence of drugs or alcohol – by choice or design – can be considered impaired. Date rape drugs, such as GHB and Rohypnol, are used to intentionally impair a person. But even if a person voluntarily chooses to drink or take drugs, that does not mean that they consent or have the ability to consent to sexual activity if they become impaired. Anyone who takes sexual advantage of an impaired person can be held responsible for their actions in civil court if there is evidence that the victim was impaired or intoxicated.

Third-Party Responsibility For Sexual Assault

In some cases, a third party might also be accountable for a sexual assault that takes place when a victim is intoxicated, impaired or under the influence of drugs or alcohol. A victim may be able to pursue damages from a landlord, a hotel owner or a school or university if there is evidence that the third party was negligent with their security or should have taken precautions to prevent the assault from happening.

Frequently Asked Questions On Sexual Assault While Intoxicated Or Impaired

In Ohio, impairment can be a factor in determining responsibility and consent in assault cases, especially when alcohol or drugs are involved. Understanding how the law views these situations can clarify your rights and options if considering legal action.

What does it mean to be “impaired” under Ohio law?

Under Ohio law, impairment is the diminished ability to make clear, rational decisions due to the consumption of alcohol or drugs. It can affect awareness, judgment and physical coordination. The law considers whether the person could consent or understand their actions at the time of the incident.

Can I still file a lawsuit if I voluntarily consumed alcohol or drugs?

Yes, you retain this right even if you consumed intoxicating substances voluntarily. While the defense may argue you were partly responsible, voluntary intoxication does not eliminate the possibility of holding the other party accountable.

Ohio law examines the incident’s circumstances, including whether the other person took advantage of your impaired state.

What is the legal definition of consent in Ohio?

In Ohio, consent must be given freely, knowingly and willingly by a person who is capable of making that decision. Impairment due to drugs or alcohol can mean that the individual was not in a state to give proper consent.

Can I file a lawsuit if the assault happened at a party hosted by a friend at a college or university?

Yes, you can pursue legal action if an assault occurred at a college or university party. Depending on the circumstances, liability may extend to others, such as the event hosts, if they knowingly allowed unsafe conditions or served alcohol to minors.

Can I sue if the assault happened at a work-related event?

If an assault occurred at a work event, you might be able to sue. Employers could be held liable if they failed to address known risks or if the event environment facilitated unsafe behavior.

Each case is unique. For a personalized approach to your situation, it is better to work with a qualified sexual assault attorney to file a lawsuit.