A college student asks if they can agree hours ahead to have sex after drinking. The answer is no. Consent must happen in the moment, and intoxication can make someone unable to consent, no matter what they agreed to earlier.
College students who ask me about this one, they'll say, but Mike, wait a second, what about if Saturday night we're going to go out and party, and around 9 o'clock, 10 o'clock before we head out, we say to each other, hey, we're both getting drunk tonight, are we good having sex when we come back tonight? And we both say yes. Do we have consent at 1 AM? No. No, because was that in the moment? No, it was not. In fact, is it possible at 1 AM in the moment, by what they just described, they're not going to be able to give consent. Yeah. That is highly possible. So that's called making a plan. That's not called consent. Huge difference.
