A person may appear to be conscious even if they are blacked out. Play
it safe and don’t pursue sexual activity with that person at that time. If you
make sexual contact with someone who is blacked out, you have assaulted them in
the eyes of the law.
Here are some clues to help you know if a person is
incapacitated:
- Quantity of alcohol/drugs consumed
- Slurred speech
- Bloodshot eyes
- Vomiting
- Unusual behavior (e.g., acting markedly different from one's typical personality)
- Passing out
- Staggering