Sometimes ideas that seem noble and practical in theory require closer review and further development to accomplish their purpose. This dynamic is especially applicable to topics like sexual assault, when most people agree on the cause but have difficulty finding effective solutions.
The Senate Judiciary Committee held a public hearing last week to consider a bill that would add alcohol as an intoxicant in sexual assault cases, according to an article in the Badger Herald.
Under state law, people under the influence of certain intoxicants are unable to give consent to sexual activity.
According to the article, Wisconsin is the only state that does not include alcohol as one of those intoxicants.
This legislation would bring Wisconsin in line with the rest of the nation, demonstrate a dedication to curbing sexual assault and serve as a deterrent to those who engage in sexual activity under the influence.
But legislators should consider ways to ensure that this law remains practical and effective.
First off, it should be noted that one of the major impediments to dealing with sexual assault is a general reluctance among victims to come forward. This law, while making it easier to build a case for sexual assault, still does not lessen the embarrassment victims often feel.
Furthermore, improper or frivolous application of this law could lead to the filing of illegitimate complaints. Unlike harder drugs that generally provoke clear states of inebriation, alcohol can sometimes be a gray area. Accordingly, the role that alcohol played in an alleged case of sexual assault can be difficult for authorities to determine after the fact.
Drawing the line between poor choices and legitimate cases of unwanted sexual contact, therefore, can be difficult. Simple regret of a sexual encounter does not constitute sexual assault.
Addressing the role that alcohol plays in sexual assault cases is an important step. Lawmakers simply need to be careful that their initiatives will accomplish their intended goals without creating other problems.