A man knew the victim was intoxicated by drugs or alcohol and was unable to give consent. He had penile/vaginal intercourse with the victim. What crime occurred?

• A. Rape (Felony)
• B. Sexual Assault
• C. Statutory Rape
• D. False Imprisonment

Answer: (D)

Consent has to be voluntary and informed. When someone is intoxicated to the point of incapacity, they cannot give valid consent. If a person knows the victim cannot consent and still has penile-vaginal intercourse, that conduct meets the elements of rape: non‑consensual sexual intercourse with knowledge of the victim’s incapacity. False imprisonment isn’t involved here, since there’s no claim of confining the victim against their will. Statutory rape relates to age-based consent, not intoxication, and sexual assault is a broader term that can include rape depending on jurisdiction. So the described act is rape.