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Originally Posted by KnifeMissile
There were times when drank so much that I would vomit if I were to drink any more and, thus, it would be physically impossible to get any drunker.
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This is pretty seriously off-topic, but without a BAC measurement, what you've written here is meaningless. You're taking the anecdotal evidence of your own response to alcohol and using it to discount the experience of a whole swath of people.
Technically, since alcohol takes some time to digest, it's possible to overload the system before the stomach has time to react. If you haven't been hospitalized for alcohol poisoning, you haven't been "as drunk as it is physically possible to get". It may have been impossible for you to have ingested any more alcohol at that time, but that's different from having pegged the drunk meter for all humanity.
All that said, I guarantee you your judgment was impaired at that time.
Look, at the end of the day, rape is in the eye of the beholder. Abaya doesn't "feel" raped. She "feels" like what happened was, she got drunk and in a moment of drunken bad judgment did something she regrets. She's being WAY responsible for herself and her life here. I, for one, decline to turn her into a victim of something. She's got way more power with the situation if she can keep her own responsibility for it (which is different from blaming herself, which I don't hear her doing either).
Rape is in the eye of the beholder. That's what this law is about (anybody remember the OP?). This law codifies that if at any point either party "feels" raped, it's rape. That's how it IS. May as well be law.