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.
North Carolina is also the only state in the country that doesn’t allow consent to be withdrawn once a sexual act is underway.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.