Sometimes sex happens when a person is unable to consent to it or stop it from happening because they were drunk, high, drugged, or passed out from alcohol, drugs, or medications. This can include times when they voluntarily consumed alcohol or drugs or they were given drugs or alcohol without their knowledge or consent. Please remember that even if someone uses alcohol or drugs, what happens to them is not their fault. When you were drunk, high, drugged, or passed out and unable to consent, how many people have ever … [series of statements describing various sex acts]
This question is interesting because the operative element is whether someone is unable to consent to sex. But given the wording, is it possible for a listener to misinterpret it as a question about whether they had sex while drunk or high?
The CDC thinks not.
“We have gone to great lengths to ensure that respondents understand these two components — the use of substances and the inability to give consent — as part of the administration of these questions,” said CDC spokeswoman Courtney Lenard. “A scenario of consensual sex after drinking at a party, for instance, would not meet the definition of what is included in this series of NISVS questions.”