Georgia is one of the few states that has no law defining whether a woman can be too intoxicated to consent to sex. However, this does not mean that men are not charged with crimes for having sex with an intoxicated woman. Instead, they are charged with rape—an offense that carries a mandatory minimum sentence of 25 years in prison without parole.
This also means that Georgia’s rape statute is unconstitutionally vague because it fails to warn men that they can be charged with rape for having consensual sex with a woman who is intoxicated, including—even in some cases—their wives.
Noah H. Pines has been working to change the law so that men receive fair warning that they can face a minimum 25-year prison sentence for having sex with an intoxicated woman. On January 20, 2026, he argued this issue before the Supreme Court of Georgia. During what is known as a “hot bench,” Noah faced tough questions from multiple justices. He answered them skillfully, relying on legal arguments and case law dating back to 1904.