Incapacitation

Sexual activity following consumption of drugs or alcohol is not automatically deemed to be unwelcome. However, use of drugs or alcohol can in some cases undermine a person’s ability to request or invite sexual activity. People differ in their reactions to drugs or alcohol and signs of incapacity vary widely. 

Although not an exhaustive list, signs of incapacity may include: stumbling or difficulty maintaining balance, vomiting, inability to focus eyes, disorientation, unresponsiveness, inability to communicate coherently, and unconsciousness. Incapacitation is when someone is “so impaired…as to be incapable of requesting or inviting the conduct.” Engaging in sexual activity with a person when you know – or reasonably should know – that the person is incapacitated is a violation of Harvard’s Policy.