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Can I Pursue a Sexual Assault Claim if I Was Drinking?

Yes, you can pursue a sexual assault claim if you were drinking. Voluntarily having a drink of alcohol is not the same as consenting to sex, and it certainly doesn’t mean you agreed to be raped. If a lawyer turned you away because you had been drinking, smoking weed or taking drugs, that lawyer was wrong.

Please note: Greer Law Group handles sexual abuse claims against institutions and organizations that allowed the abuse to happen, such as schools, churches, youth programs, hotels, and employers. We do not take cases against an individual acting alone, such as a family member, spouse, partner, or acquaintance. If that describes your situation, the Colorado Coalition Against Sexual Assault and the National Sexual Assault Hotline at 800-656-4673 can connect you with support.

News flash: Having a drink and consenting to sex are completely different things. If someone tells you otherwise, they’re wrong, even if they’re a lawyer, and yes, even if they’re a male lawyer.

To learn when consent is not possible under Colorado law, including when someone is too intoxicated to consent, read Sexual Consent in Colorado: When Consent Is Not Possible.

Why Some Lawyers Turn Survivors Away

At Greer Law Group, we regularly represent female survivors of sexual assault, including rape, who are seeking compensation from their attacker. This is money that’s often desperately needed to help pay for the medical and mental health care that many of them need as a result of being sexually assaulted. One of the most disheartening things we hear from these clients is how hard it was for them to find a lawyer who would agree to help them, at least until they found us. Time and time again, our clients tell us that as soon as they told the other lawyer they had been drinking alcohol, smoking some weed, or taking drugs before they were assaulted, the lawyer showed them the door and said they didn’t have a claim for sexual assault. Inevitably, these lawyers are men.

One reason clients come to Greer Law Group is because we’re different. We don’t show up to work every day with baked-in prejudices that can hurt our clients’ chances of recovering when they’ve been harmed by someone else. If you have survived sexual assault, we will look at all of the facts of your case, apply the appropriate law, and work like hell on your behalf to recover damages that you can use to help compensate you for what you’ve suffered. In some cases, we may be able to get punitive damages as well.

If you survived a sexual assault that happened any time after January 1, 2016, we may be able to help. Call Greer Law Group today at 303-331-6460 or use our contact form to set up a no-obligation case evaluation. And to see Marlo Greer’s unfiltered take on this topic, check out her TikTok post.