Prosecutors in North Carolina can have a tough time proving a rape case if the victim is drunk. That’s because it is not illegal to have nonconsensual sex with someone who is incapacitated if the victim is responsible for being incapacitated – such as being drunk or high on drugs.

But a bill to close that loophole in the state’s sexual assault laws passed the state House last week.

The bill would also make it illegal to drug someone’s drink.

In this April 25, 2019, photo, Charlotte resident Leah McGuirk poses for a photo in Raleigh, N.C. McGuirk tried to file a police report in May 2018 after her drink was drugged, but learned that tampering with someone's drink is not illegal under North Carolina state law. McGuirk is an advocate for a bill that passed unanimously in the state house on Monday, April 29, 2019, which would make tampering with someone's drink illegal and would close other loopholes in the state's sexual assault laws. (AP Photo/Amanda Morris)
In this April 25, 2019, photo, Charlotte resident Leah McGuirk poses for a photo in Raleigh, N.C. McGuirk tried to file a police report in May 2018 after her drink was drugged, but learned that tampering with someone’s drink is not illegal under North Carolina state law. McGuirk is an advocate for a bill that passed unanimously in the state house on Monday, April 29, 2019, which would make tampering with someone’s drink illegal and would close other loopholes in the state’s sexual assault laws. (AP Photo/Amanda Morris)

North Carolina is also the only state in the country that doesn’t allow consent to be withdrawn once a sexual act is underway. Legislation to bring the state in line with the rest of the country has failed to get broad support.

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