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TopicIs it rape if a person is drunk and consents to sex?
Ammonitida
10/29/17 8:31:42 AM
#37:


weapon_d00d816 posted...
It's not rape unless you're blackout drunk.

This is common sense, and it's been common sense forever.


It's not rape if someone is "blackout" drunk either. There was a case a few years ago in which a woman alleged that she was raped by a fellow student after they both left a bar. Video of the "rape" turned up on social media showing the woman conscious and enjoying the encounter (he was performing oral sex on her in public). This woman claimed to have blacked out the entire incident. A grand jury refused to indict and the prosecutor defended the grand jury, stating that such an encounter is not rape even if one of the partners black out. There's also case law that has ruled against this type of sex being rape. See Iran Doss.

http://www.sconet.state.oh.us/rod/docs/pdf/8/2008/2008-ohio-449.pdf
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