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Can Someone Give Consent If They're Drunk or High?

No. This is the key rule from the SafeBAE Peer Educator Training: IF SOMEONE ISN’T SOBER, THEY CANNOT CONSENT TO SEXUAL ACTIVITY.

Sober is one of the 6 Pillars of Consent. The Sober pillar means everyone involved has a clear mind and the ability to make thoughtful, informed choices. Alcohol or drugs can blur judgment, slow reaction time, and make it harder to communicate boundaries. If someone is inebriated, they can’t fully consent. And if you are, you can’t fully read or respect someone else’s boundaries either. Consent requires clarity — not confusion.

You can NOT get consent from a person who is under the influence of any substance — and it’s considered sexual assault, even if they say yes.

Think of It Like a Designated Driver

Most of us understand what a designated driver is. We know we’re responsible not just for ourselves, but for making sure our friends don’t drink and drive — because the risk of serious harm is real. The same logic applies to sex. Hooking up when someone is drunk can cause deep, lasting harm. So use the same thinking:

  • If you wouldn’t let someone get behind the wheel, don’t let them hook up.
  • If you see a friend trying to hook up with someone who’s drunk, step in.
  • Tell them to get the snap and follow up later.
  • If your friend is drunk, help them get home safely — even if they’re mad in the moment.

Looking out for each other is part of consent culture. Alcohol affects communication — the more someone drinks, the harder it becomes to clearly express consent, or to recognize whether someone else is consenting. While alcohol cannot be blamed for “causing” assault, it often plays a major role in unsafe encounters. You never want to risk it when someone isn’t sober enough to make their own decisions. Being sober means more fulfilling sexual interactions.

Ready to go deeper?

This post is adapted from the SafeBAE Certified Peer Educator Training — a free, 16-module program from the only survivor-founded, youth-led national organization in the U.S. dedicated to preventing sexual violence among middle and high school students. Become a Certified Peer Educator and help shift the culture at your school.

Become a Peer Educator →

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