incapacity

Section 13 of the Divorce Act of Saint Lucia provides additional grounds for a marriage to be voidable.

Massachusetts General Laws Chapter 272 § 3 criminalizes administering or causing a person to ingest any drug or intoxicating substance with the intent to facilitate sexual intercourse while they are intoxicated. The statute’s purpose is to prohibit sexual violence enabled through drug-induced incapacity, as well as to protect individuals from being overpowered or deprived of the ability to consent. A person who violates this section faces a mandatory minimum sentence of ten years in state prison and may be sentenced to life imprisonment.

The defendant appealed his convictions for rape and sodomy, arguing that there was insufficient evidence to convict him, and that the victim was incapacitated due to voluntary intoxication. The victim suffered from bipolar disorder and substance abuse. She was found nonresponsive and half-naked behind a convenience store with rape-related injuries. She had high amounts of cocaine and alcohol in her blood, but low amounts of her prescribed lithium.

New Jersey’s sexual offense statutes create a tiered framework addressing sexual assault and aggravated sexual assault based on the nature of the act, the relationship between the parties, and the vulnerability of the victim.

In State v. Cuni, 159 N.J. 584 (1999), the New Jersey Supreme Court addressed the question of how the State’s rape-shield law applies when the central issue is the victim’s capacity to give consent, rather than mere prior sexual history. A delivery worker was convicted of sexual assault against a woman with a mental disability.