Ask a Dispatcher
Q. If someone has sex with another person, after that somebody else gets them high out of their mind on crystal meth, and it was might have been a mutual thing at the time, but after the other person sobers up realizes that she was so completely gone out of her mind...would this be considered rape?
Dear Juneau Resident,
Each situation where there is impairment and sexual contact is different. Without the details it is hard to tell if a crime occured. I would encourage the person to report the incident and provide more specifics to an investigator.
In general, Alaska Statute 11.41.425 says it is a C Felony for someone to have sexual contact with an incapacitated person. The definition of incapacitated is that the person is so impaired by alcohol or drugs that he or she is unconscious or unable to make rational decisions with respect for the need for treatment or is unable to care for their own basic needs like food, clothing, shelter or medical needs.