A proposed bill in Illinois would make it illegal to have sex while intoxicated, classifying such an act as a person being “unable to give knowing consent.”


The ill-conceived bill was introduced in the Illinois House of Representatives by state Rep. Mark Walker, a Democrat, and has since gained nine co-sponsors, including Republican Rep. Chris Bos.


The text of the bill would amend the Criminal Code of 2012 to update the Sex Offenses Article of the Code to include a new definition for “unable to give knowing consent” that “includes when the victim is intoxicated, but the accused did not provide or administer the intoxicating substance.”


This means that someone who willingly drinks alcohol but then has sex with someone, possibly due to lowered inhibitions, can automatically claim to be a rape victim.


Defense attorney Scott Greenfield lamented the bill on Twitter, calling it “a nightmare.”


More than a decade ago, Costal Carolina University in South Carolina placed a flyer around campus that stated: “Jake was drunk. Josie was drunk. Jake and Josie hooked up. Josie could NOT consent. The next day Jake was charged with rape.” The poster also included a line saying that a “woman who is intoxicated cannot give her legal consent for sex, so proceeding under these circumstances is a crime.”






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