A sexual assault case involving former Cornell University students, widely referred to online as the Cornell 7 case, has drawn national attention to one of the more complicated questions in criminal law. When does intoxication make it legally impossible for someone to consent? The case remains under review by a special prosecutor, and no criminal charges have been filed to date. Given the national interest in the legal questions it raises, 23ABC Bakersfield turned to Attorney Jared Thompson of Humphrey & Thompson for insight into how California law would handle a similar case.
As a Certified Specialist in Criminal Law by the State Bar of California Board of Legal Specialization, Attorney Thompson offered his analysis of what prosecutors in California would actually need to prove, and he broke down some of the misconceptions people often hold about these cases.
Misconceptions About Intoxication and Consent Laws
A common misconception is that any level of intoxication is enough to negate consent. That is not the legal standard in California. The law sets a demanding threshold, and simply showing that someone had been drinking or using drugs falls well short of it.
Thompson explained that the prosecution carries the burden of proving, beyond a reasonable doubt, that the person was so intoxicated they did not understand the nature of the act or its consequences. The law further requires proof that the accused knew, or reasonably should have known, that the other person could not consent. That second element can be just as difficult to establish as the degree of intoxication itself.
Importantly, California does not require a survivor to have been unconscious or physically unable to speak for the law to apply. As Thompson put it, "a person doesn't have to be passed out drunk" for intoxication to reach the legal threshold. Someone can still be moving and talking without truly understanding what is happening. At the same time, Thompson noted that having a drink or two, or simply using poor judgment while intoxicated, does not meet the bar the law sets.
Voluntary vs. Involuntary Intoxication
Thompson also discussed with 23ABC Bakersfield the concept of voluntary versus involuntary intoxication. When someone is given drugs or alcohol without their knowledge, the legal exposure for the accused tends to be more serious. Voluntary intoxication introduces more legal complexity, since it raises the question of a knowing choice to drink or use drugs.
Thompson pointed out that cases involving a group setting, where multiple people are drinking or using drugs together, add another layer of difficulty. When everyone's judgment is impaired at the same time, it becomes harder to establish what any one person understood, or should have understood, about the situation.
Evidence That Will Be Needed to Bring Charges
According to Thompson, successful prosecution in these cases typically depends on layered, corroborating evidence rather than any single piece of proof. Video footage, increasingly available through surveillance systems and personal devices, tends to carry significant weight. Toxicology results, especially blood samples collected close to the time of the alleged incident, offer one of the more reliable measures of impairment.
Witness statements can matter as well, though their value can be diminished if those witnesses were also intoxicated at the time. Thompson noted that investigators often look closely at the accused's own communications, including texts and social media activity, which can sometimes reveal an awareness of the other person's condition. Cases resting only on conflicting statements, without any physical or digital corroboration, present some of the harder challenges for prosecutors, since credibility becomes the deciding factor.
To read the full 23ABC Bakersfield article and interview, click here.
Legal Insight You Can Rely On
Being sought out by local media to explain the law behind a nationally watched case reflects the kind of recognized experience Humphrey & Thompson brings to every case we handle. Attorney Thompson's command of California's sex crime statutes, paired with his trial experience, is what clients facing serious allegations need on their side.
If you are facing a sex crime accusation in Bakersfield or anywhere in Kern County, call (661) 760-7678 or contact us online to schedule a consultation.
