What must be proven for an aggravated criminal sodomy offense regarding the victim’s capability to consent?

For an aggravated criminal sodomy offense, it is crucial to establish that the victim was unable to consent due to being under the influence of drugs or alcohol. Consent is a fundamental aspect of sexual offenses, and if a victim is intoxicated or impaired, they may not possess the mental capacity to make an informed decision regarding consent. This inability to consent is what elevates the severity of the offense to 'aggravated,' as it highlights a violation of the victim's autonomy and rights.

In contrast, simply being married to the offender does not negate the necessity for consent, nor does verbal consent alone suffice if the victim is impaired. Legal age is also significant in determining consent, but the specific focus here is on the victim’s capacity at the time of the offense, which is established through their state of intoxication.