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Illinois Bill Would Make Drunk Sex Illegal

A proposed bill in Illinois would make it illegal to have sex while intoxicated, classifying such an act as a person being “unable to give knowing consent.”

The ill-conceived bill was introduced in the Illinois House of Representatives at the end of January by state Rep. Mark Walker, a Democrat, and has since gained nine co-sponsors, including Republican Rep. Chris Bos. The text of the bill would amend the Criminal Code of 2012 to update the Sex Offenses Article of the Code to include a new definition for “unable to give knowing consent” that “includes when the victim is intoxicated, but the accused did not provide or administer the intoxicating substance.”

This means that someone who willingly drinks alcohol but then has sex with someone, possibly due to lowered inhibitions, can automatically claim to be a rape victim.

Defense attorney Scott Greenfield lamented the bill on Twitter, calling it “a nightmare.”

“Intoxication, rather than incapacitation, would make sex a crime for lack of consent, even if both are drunk. Whoever goes to the police first wins,” Greenfield tweeted. “This will be a nightmare.”

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