ALL_THE_HYPE said:lisu said:[quote="A_Pharis":1s3075e0]lisu said:[quote="A_Pharis":1s3075e0]Sjrmn91 said:"Black out" or "unconscious" it doesn't matter. If she was not in a state of mind to fully consent to whatever actions they took, it is rape. Not necessarily "right" but that's how it is. It'll depend specifically on the jurisdiction and how the statutes are written, but that's the general consensus today. Now, whether or not there is evidence of either, nobody but those investigating the case, the woman, and Castro know. If it was in fact rape, I hope he is prosecuted justly. If it was not, I hope she is hit with a defamation of character suit.
I've known plenty of girls who got slobbering drunk, gave it up and took the walk of shame the next day. That's what alcohol does.
It doesn't make it right though, and if they had every right to make a complaint if they felt they were taken advantage of when they were severely impaired. I didn't read the article, but I'm just saying that as a woman - I wouldn't like it and the law would be on my side if I could prove it.
I'm not saying it's right in any way. I'm just saying that in certain circumstances, it's really hard to say WHAT she said when she was heavily intoxicated. ALl I know is is that I've known woman who've gone through this and accepted that they made bad decisions when they were drunk. Of course, they didn't have it happen with a sports star.
That is why it is considered rape when a woman is heavily intoxicated. It is against the law to have sex with someone who is unable to consent if they are that heavily intoxicated. You might know some women who have gone through this but it doesn't matter whether it is a sports star or not. It is still rape. See De Anza baseball team rape. That was horrible, and she was so intoxicated that she passed out. It just is in the news more when it is a sports star.[/quote:1s3075e0]
I agree 100% that if the woman is too drunk to consent then it is rape.
What I'm saying is that you can be blacked out and still seem completely coherent (albeit drunk) to the people around you. All it means if you "blacked out" is that you can't remember what happened during that time frame. Obviously this means she had too much to drink, and it certainly could have put her in a state that made her unable to consent; but all I'm saying is that if she was blacked out and still functioning normally otherwise, then I'd venture to guess that there's a good chance there was consent at the time.
I'm not saying I condone rape or taking advantage of someone far drunker than you--both are horrible. I'm also not saying the male/athlete should be given the benefit of the doubt, because that's completely unfair and so is jumping to conclusions without due process. But this is why blackout vs passed out is the important detail in situations like this, because while one makes this a rape situation, the other just makes it a bad drunk mistake.[/quote:1s3075e0]
You are exactly right, but because of how the criminal justice system in the United States works, it is the male individuals "responsibility" (for lack of a better word) to know that the woman has consumed a high amount of alcoholic, thus rendering her unable to fully and consciously consent to any sexual contact.