Debunking the Myth: Alcohol-Facilitated Rape is Not ‘Drunken Sex’

Imagine waking up with a hazy memory, a pounding headache, and the gut-wrenching realization that something happened to you while you were intoxicated. Now imagine, when you try to speak out, you’re met with the cold response that what happened wasn’t rape, just “drunken sex.”

This narrative is not only damaging—it’s a gross misrepresentation of the truth. It’s time to end this dangerous myth once and for all. 

Rape in Canada: A History of Injustice 

The legal definition of rape in Canada has evolved, but not without a long, shameful history of failing women. For decades, rape was narrowly defined as forced intercourse, requiring survivors to show evidence of physical resistance or risk being disbelieved. This archaic definition didn’t just marginalize survivors—it actively participated in their revictimization. Women were expected to bear the burden of proof, with their credibility scrutinized and their sexual histories put on trial. The message was clear: if you didn’t fight hard enough, if you’d ever expressed sexual desire, if you dared to be anything but the epitome of chastity, then your assault didn’t count. 

It wasn’t until 1983 that Canada finally overhauled its rape laws, replacing the term “rape” with “sexual assault” to encompass a broader range of non-consensual acts. This was more than a semantic change; it was a recognition that sexual violence is about the violation of consent, not just the presence of physical force. Consent, as now defined in the Canadian Criminal Code, must be voluntary, informed, and ongoing. And crucially, it cannot be obtained if the individual is incapacitated by alcohol or drugs. This legal framework marks a significant step forward in acknowledging that sexual violence is not just about overt physical brutality but about the fundamental disregard for another person’s autonomy. 

Yet, despite these legal advancements, societal attitudes continue to lag. The harmful belief that rape is only valid if the victim physically resisted or was sober enough to say ‘no’ continues to persist. This damaging myth not only ignores the reality of how sexual violence often occurs but also perpetuates a culture that excuses perpetrators and blames victims. It’s a stark reminder that while laws may change, the fight to shift public perception and eradicate harmful stereotypes is far from over. 

Confronting the Reality and Debunking the Myth

Sexual assault is a rampant issue in Canada. The Canadian Women’s Foundation reports that 1 in 3 women in Canada, approximately 33%, have experienced sexual assault in their lifetime. Alcohol is frequently a factor, not as an excuse for perpetrators but as a tool of incapacitation. The outdated belief that a victim must “put up a fight” to prove their assault only serves to perpetuate misogynistic notions of victimhood and purity. 

Too often, alcohol-facilitated rape is dismissed as mere “drunken sex,” a dangerous misconception rooted in outdated beliefs. Research from Canada, including studies published by the Canadian Medical Association Journal (CMAJ), shows that alcohol is frequently used in drug-facilitated sexual assaults, deliberately impairing a victim’s ability to consent. This isn’t about blurred lines; it’s about predators using alcohol as a weapon to exploit vulnerability, transforming what some may try to downplay as a regrettable encounter into a clear violation of consent. 

Despite these facts, the narrative persists that survivors who were drinking are somehow responsible for their assault. This not only ignores the realities of power dynamics in sexual violence but also contributes to the alarming underreporting of sexual assaults in Canada, where up to 83% of incidents go unreported. It’s imperative that society recognizes alcohol-facilitated rape for what it is: a calculated act of violence, not a consequence of poor judgment on the part of the victim (Ontario Rape Crisis & Canadian Medical Association Journal). 

Learning from History 

Society’s views on rape have evolved, but not without resistance. Once, marital rape was not considered a crime, and victims had to prove their chastity to be believed. We now see these attitudes as abhorrent. In the same way, future generations will look back with horror at the minimization of alcohol-facilitated rape. 

Figures like Yale Law professor Jed Rubenfeld and Wall Street Journal columnist James Taranto, who trivialize alcohol-facilitated rape, are on the wrong side of history. Their views—that unconscious sex shouldn’t be illegal or that women who drink are partly to blame for their assaults—are not just wrong but dangerous. These victim-blaming attitudes are regressive and harmful. 

It’s time to firmly reject the notion that alcohol-facilitated rape is simply ‘drunken sex.’ This harmful belief undermines survivors’ experiences and perpetuates a culture that excuses sexual violence. We must support survivors, advocate for a clear understanding of consent, and challenge regressive narratives. 

As we move forward, it’s crucial that we confront and dismantle these harmful myths head-on. Those who cling to outdated beliefs about sexual violence will be increasingly out of step with the growing understanding of consent and justice. Supporting survivors means standing with them through their journey, believing them, and acknowledging their courage. 

Battered Women’s Support Services (BWSS) offers comprehensive wraparound resources and services to support survivors in taking back their power. These include support groups, counselling, and many more specialized programs aimed at supporting survivors on their path to safety and healing. 

Together, we can foster a community where survivors feel safe, valued, heard, and empowered to heal. It’s time to end the myth and recognize alcohol-facilitated rape for what it is—a gross violation of human dignity and consent. 

Blog inspired by the article from Jessica Valenti in The Guardian.