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I was kissed by someone while I was drunk. At the moment, I didn't say no and was into it. However, once the alcohol wore off, I wished it hadn't happened. When I confronted the person and told them they shouldn't have engaged sexually with someone who was drunk and that the only appropriate thing to do with a drunk person is to help them walk or get somewhere safe, they responded by saying that I was the one who approached them repeatedly and didn't let them leave, even tearing up when they tried to go. Does this justify them kissing a drunk person? Does it make them less at fault and me more responsible?

Dr. Laura

Answer by Dr. Laura

PhD Mental Health Nurse & Sexual Assault Nurse Examiner

Thank you for reaching out to us and sharing your story. The situation you've described is complex and raises important questions about consent and responsibility when alcohol is involved. It's crucial to understand that when someone is intoxicated, their ability to give clear, informed, and enthusiastic consent is compromised. Even if a drunk person seems to be initiating or agreeing to sexual activity, it's the responsibility of the sober party to recognize that the intoxicated person is not in a state to make fully coherent decisions.

Your feelings of regret and unease after the fact are valid and important indicators that something about the situation was not right for you. It's common for people to have different perceptions and desires when they're under the influence compared to when they're sober.

The other person's response, suggesting that you were the one who pursued them and didn't let them leave, seems to be an attempt to shift the blame and responsibility onto you. While it's possible that you were more forward or emotional due to the alcohol, this does not excuse the other person's decision to engage with you sexually.

However, it's important to consider that they may have genuinely misread the situation. If you were being physically affectionate and expressing a desire for them to stay, they might have interpreted that as consent or interest in sexual activity, especially if they lacked education about consent and the impact of alcohol on one's ability to give it.

While this potential misunderstanding doesn't completely absolve them of responsibility, it does add nuance to the situation. It highlights the importance of clear, verbal communication about consent and boundaries, particularly when one or both parties are under the influence.

As the sober party, they had the responsibility to prioritize your safety and well-being, even if that meant firmly but kindly removing themselves from the situation. Kissing someone who is drunk, especially if they are showing signs of emotional distress or impaired judgment, is taking advantage of their vulnerable state.

It's important to remember that you are not responsible for what happened. Being drunk and even being flirtatious does not mean you consented to or deserved to be taken advantage of. The other person, as the sober one, had the power and the obligation to make the right choice, which would have been to not engage with you sexually.

However, it's also important to acknowledge that only you can decide how to make sense of and label this experience. If it feels like a violation or a form of assault to you, that is valid. If you're unsure or hesitant to use those terms, that is also okay. What matters most is how you feel about what happened and what kind of support you need to process it.

Consider reaching out to a trusted friend, family member, or therapist to talk through your feelings. You may also find it helpful to contact a sexual assault hotline or support organization for additional processing of this situation. Remember, you deserve to have your boundaries and well-being respected, and you are not to blame for someone else's decision to take advantage of your intoxicated state. Thank you so much for sharing this with us. You are not alone.

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