Incapacitated means that a person is unable to give informed consent. This can result from alcohol, drugs, fear, unconsciousness, or other conditions that impair a person’s ability to understand what is happening or make clear decisions.
Under Connecticut law, incapacitation means a person cannot understand what they are agreeing to or the possible consequences of that agreement. When someone is incapacitated, they are not able to legally consent, and others are responsible for stopping.