With Halloween CREEPing up on us soon, there are some important things to keep in mind – especially if you plan on going out and drinking. Being under the influence of alcohol and/or drugs can lead to many mental and physical health consequences, and increases risk for sexual assault, sexually transmitted diseases (STDs), and/or unintended pregnancies. This is because being intoxicated lowers your ability to make healthy judgments, such as putting a condom on correctly (or even remembering to use a condom or other form of birth control), and giving and receiving consent.
Although underage drinking is illegal and we don’t support it, it happens (especially around Halloween) and we want you to know the facts so you can stay safe no matter what. In the state of California, a recently adopted law, known by many as “Yes Means Yes,” makes it clear that ‘affirmative consent” must be given at all times by both parties engaging in any sexual activity. Silence, or not saying anything, does not equal consent.
Consent applies to everyone, including all sexualities and gender identities. It’s a pressure-free agreement between two sober (non-intoxicated) people, regardless of whether they’re in a relationship or not. Most importantly, consent is NOT A ONE-TIME THING. You must always ask the other person if they’re comfortable doing x, y, and/or z. Having consensual sex means that you always ask when wanting to do something new or even when wanting to do the same thing again. Ask because it’s the right thing to do and because asking never hurts anyone.
In the state of California, the legal “age of consent” is 18. AND to legally give consent, you must not be mentally or physically incapacitated – meaning you must know and understand what’s going at all times during the activity – and communicate consent honestly and verbally. Just like a person who’s asleep is not aware of their surroundings, the same applies to a person under the influence of alcohol – they cannot make sound decisions about having sex because they don’t have a full understanding of what’s going on. A drunk person cannot legally give consent. Period.
If you do choose to drink this Halloween, make sure your drink is poured in front of you and carry it with you at all times because unfortunately, it’s possible that someone could drug your drink, as this the case in many sexual assault cases.