The perpetrator uses physical or psychological intimidation to force a victim to have sex against his or her will , or when the perpetrator has sex with a victim who is incapable of giving consent .
They have been incapacitated by drugs or alcohol .
The perpetrator uses physical or psychological intimidation to force a victim to have sex against his or her will , or when the perpetrator has sex with a victim who is incapable of giving consent because they have been incapacitated by drugs or alcohol .