Comment Re: I guess it takes a college degree (Score 1) 404
Yep. People get drunk and screw *all the time*, so "If two people are really wasted and have sex, was there a rape?" is a perfectly valid question.
IANAL.
The naive understanding is that when drunk or high there is no consent and sex without consent is rape. Seems pretty straightforward.
Note some jurisdictions require people to say "yes" for sex to not be rape; others require them to say "no" for it to be rape.
The resolution to the scenario involves some rules that most people are not willing to say out loud.
I'm not saying this is how things should be--only that in most conversations with people I have found this is how a lot of people think:
1. If person "a" did *exactly* the same thing they are accusing person "b" of doing, then person "a" guilt cancels person "b" guilt.
2. Men are villains.
3. Women are victims.