Consent and intoxication

Consent cannot be given is someone is too affected by alcohol or drugs to fully understand, make decisions, or communicate.

If someone is slurring, confused, can’t focus, or has passed out - they cannot consent. Even if they agreed earlier in the night, consent can be withdrawn at any time.

Remember:

• If someone is too intoxicated to drive or walk steadily, they’re too intoxicated to consent.
• Flirting or being friendly does not equal a “yes.”
• If you’re unsure - pause and check in. Real respect means making sure everyone feels safe and comfortable.
• Being drunk or high affects judgment, it doesn’t reveal “true feelings.”

When does alcohol make consent invalid?

There’s no set number of drinks that defines when someone is “too drunk to consent” - alcohol affects everyone differently based on body size, gender, food, tolerance and other factors.

Instead of counting drinks, focus on behaviour and capacity. A person cannot legally or ethically give consent if they:

• Can’t speak clearly or follow the conversation
• Are swaying, stumbling, or can’t stand steadily
• Can’t focus or remember what’s happening
• Are falling asleep, unconscious or “blacking out”
• Seem confused, withdrawn, or unaware of their surroundings

If someone wouldn’t be safe to drive, walk home alone, or make other important decisions, they’re too intoxicated to consent.