legal-terms consent sexual-offences
Terminology around consent whilst incapacitated
<p>As can be found in numerous places, &quot;consent&quot; is a fairly specific term and has various pre-conditions, such that it cannot be given whilst, for example, <em>extremely</em> drunk, under the influence of significantly mind-affecting drugs, or under the legal age of consent <em>(varies by location)</em>.</p>
<p>However, there are plenty of scenarios when a person could be in one of those conditions (and thus unable to give consent), but <em>can</em> express that they want to have sex.</p>
<p>Such an expression would <em><strong>not</strong></em> be 'consent', and would <em><strong>not</strong></em> be grounds for another person to <em>have</em> sex with this person. But it feels like a concept that will have come up enough that it might have a formal term to refer to it.</p>
<p><strong>Is there a term for expressing a desire to have sex whilst not capable of legally consenting?</strong></p>

<p>As much as possible, you've answered your own question.</p>
<p>&quot;Incapacitated&quot; is the normal word to describe the state were a person's mental faculties are insufficiently reliable for their words or actions to have legal effect.</p>
<p>There is not a legal term to specifically describe the lack of capacity to consent to sex, nor for statements of consent to sex while incapacitated.</p>
