Fact Check: New Texas law defines consent to include intoxication as a lack of consent
What We Know
In Texas, the legal definition of consent has been clarified to include situations where an individual is incapacitated due to intoxication. According to the Texas Sexual Misconduct Protocol, a person is considered incapacitated if they have consumed alcohol or drugs to a degree that a reasonable person would believe they are unable to make informed decisions or provide consent. This includes being highly intoxicated, passed out, or in a state where they cannot engage in self-care. The protocol explicitly states that consent cannot be given by someone who is incapacitated, and thus intoxication is recognized as a lack of consent.
Additionally, the Texas Penal Code outlines that sexual assault laws take into account the incapacity of individuals due to intoxication, reinforcing that consent cannot be legally given under such circumstances.
Analysis
The claim that the new Texas law defines consent to include intoxication as a lack of consent is supported by the Texas Sexual Misconduct Protocol and the Penal Code. The protocol emphasizes that consent must be clear and cannot be inferred from silence or lack of resistance, and it specifically identifies intoxication as a condition that negates the ability to consent. This is further corroborated by legal interpretations that assert individuals who are incapacitated cannot legally provide consent, as noted in various legal resources and expert analyses (RAINN).
The reliability of these sources is high, as they are official legal documents and protocols established by Texas law. The Texas Penal Code is a primary legal source, while the Sexual Misconduct Protocol is used by educational institutions to guide their policies on consent and sexual misconduct. Both sources are authoritative and reflect the current legal standards in Texas.
Conclusion
The claim that "New Texas law defines consent to include intoxication as a lack of consent" is True. The legal framework in Texas clearly establishes that individuals who are incapacitated due to intoxication cannot provide valid consent for sexual activity. This understanding is crucial for both legal accountability and the protection of individuals' rights.
