How Drunk Is Too Drunk to Have Sex?

Article here. Excerpt:

'Occidental College disagreed. The morning after the incident, both Jane and John said they didn’t remember what happened the night before and set about recreating the evening’s events by speaking with friends who witnessed them having sex, reviewing text messages they had sent to each other, and piecing together the physical clues. John awoke to find a used condom and Jane’s earrings in his room; Jane learned that after having sex with John, she had ventured out again to find another man to cuddle with. The facts of what happened that evening are not in dispute. But, a week after the incident, Jane filed a complaint against John with the school. John was ultimately found in violation of Occidental’s sexual misconduct policy, which forbids students from having sexual contact with anyone who is “incapacitated” by drugs or alcohol. John was expelled, the harshest possible punishment for students found responsible for sexual assault on campus. Then, he filed suit against Occidental, alleging that the school unfairly applied its sexual misconduct policy based on gender. (The suit refers to the students as just John Doe and Jane Doe, to preserve their anonymity.) As the lawsuit puts it: “John is being expelled because he is male; Jane Doe is not because she is female.”
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Last year, my colleague Emily Yoffe recounted the Occidental case in a piece arguing that college sexual assault disciplinary processes infringe on the civil rights of men. Yoffe recommended that campus rape cases ought to be handled by police and prosecutors, and that schools could do their part by attempting to reduce binge drinking. I don’t view the issue exactly the same way, but I do think that certain university policies around drinking and sex do a disservice to students by redefining the sexual assault of women to include “sex while drunk,” and creating a double standard for men.'