Reply #40: Suppose they were both drunk [View All]

[Recursion]

Both too drunk to legally consent. We still can't overcome the women-as-shrinking-violets and men-as-sex-hungry-primates stereotypes. If both parties are too drunk to consent, the man can be accused of rape and the woman can't. The man can be kicked out of his college and the woman can't. Even if the woman was the one who was acting as a predator, and the man was minding his own business and was jumped by the woman. If there's a case to be made for that, the defense attorney should make it.

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The argument I'm seeing is that even if she did not say no, the fact that she was too drunk to legally consent makes this rape. We haven't even established that he was sober enough to consent, though, so I'm curious why the legal charge would only point towards the one with the penis.