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Originally Posted by Ustwo
The whole drunk thing is to protect the passed out chick in the frat coat room.
Otherwise its a very stupid law.
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Right. Remember: sex with someone who is drunk isn't rape unless she (or he, I suppose, though in practice that's rare) either doesn't want it at the time, or regrets it the next morning. If she's all like, "hey, that was pretty awesome" in the morning: no rape.
Given that you can't necessarily predict the morning attitude of a drunken person, it's wisest to keep your hands to yourself.
The question isn't really "was this rape?". The question is, "If she wakes up in the morning and CLAIMS it was rape, was it rape?" And the answer is probably yes. Did she wake up and claim rape?