Editing Sexual consent (section)

===Unconsciousness or intoxication===

In some jurisdictions, individuals who are intoxicated from alcohol or drugs cannot consent. For example, Michigan Criminal Sexual Conduct Laws states that it is a crime to have sex with a “mentally incapacitated” person who cannot control their conduct or consent.<ref>{{cite web |url=https://sapac.umich.edu/article/50 |title=Alcohol & Sexual Assault |author=<!--Not stated--> |date= |website=sapac.umich.edu |publisher=University of Michigan Sexual Assault Prevention and Awareness Center |access-date=9 June 2018|quote=}} </ref>

In Canada, intoxication is a factor that affects whether a person can legally consent to sexual activity. However, the level of intoxication that will make consent impossible varies according to circumstances, which include how intoxicated the person is and whether they voluntarily consumed the alcohol or drugs.<ref name="Nova Scotia case">{{cite web |url=https://www.cbc.ca/news/canada/nova-scotia/criminal-code-consent-gregory-lenehan-sexual-assault-law-court-1.4014105 |title=Does the law say a drunk can consent? The answer is yes: A look at what the Criminal Code and courts say about consent and a person's ability to give it |author=<!--Not stated--> |date=8 March 2017 |website=www.cbc.ca |publisher=CBC |access-date=23 June 2018 |quote=}} </ref> The Supreme Court of Canada has ruled that a person drunk to the point of unconsciousness cannot consent to sex; the court ruled that once a person loses consciousness, they cannot consent.<ref name="Nova Scotia case"/> There was public outrage after a Canadian judge ruled that an intoxicated person can consent; however, a legal expert interviewed by CBC stated that "a drunken consent is still a consent" under Canadian law.<ref name="Nova Scotia case"/>

In Canada, a judge ruled in the 2011 ''[[R v JA]]'' case that a person who is asleep or unconscious cannot consent to sex.<ref>{{cite news |url=https://www.theglobeandmail.com/news/national/no-consent-in-unconscious-sex-case-supreme-court-rules/article4263384/ |title=No consent in unconscious sex case, Supreme Court rules |last=Mahoney |first=Jill |last2=Makin  |first2=Kirk |date=27 May 2011 |website=www.theglobeandmail.com |publisher=Globe and Mail |access-date=30 June 2018  |quote=}}</ref>