Is this classified as rape?

Question

my friend's cousin got drunk a few weeks ago with a friend. so drunk that she ended up blacking out and throwing up throughout the night. he was drunk too but obviously not very much because he took 'care' of her. she ended up finding out that they did sleep together but she was so drunk that she didn't remember any of it, not even saying yes. my friend and i were wondering, was she raped?

Answer 1

If she can't remember it how does she know she didn't say yes? If you get drunk you get bad things. And who was "he'? It would seem that she was not raped. Tell her not to get drunk.

Answer 2

If she doesn't remember having s*x, maybe she doesn't remember saying yes. If alcohol reduces inhibitions who can say what happened.

However,I can't imagine wiping off vomit to get a kiss.

Answer 3

Eh....... depends.  its al about consent and was it reasonable.  if she said, "lets have s*x."  and dude was all like, "OK" but it was obvious she was not in control of herself.. its possibly rape.  

Answer 4

Rape is no longer the term for the offence.  It is now called sexual assault.  Assuming your friend's cousin was over 18 she may have given consent by her previous conduct or by her conduct at the time in question.  If her male friend had reasonable grounds to believe she was consenting it was not sexual assault.  If it was apparent that she was so intoxicated that she could not have formed the concept of consent then it was rape.  A criminal conviction would depend on the circumstances.   It may be difficult to prove the accused should have known the victim was incapable of giving consent.  It's best to stay sober so you will know when to say no!

Answer 5

well if she cant remember she very well could have been an active participant. She should be a little smarter next time and not get so waisted.  

Answer 6

yes she was. Its rape since he know in fact that she was unable to make a sound judgment.  Nor did she consent to s*x. Its rape and should be report to the police

Answer 7

according to the current feminist thinking that permeates society, even saying yes in big neon lights doesn't imply consent because, as we all know, women are allowed to make things up as they go along.

My advice to the dude is to make a heartfelt apology to the girl and vow never to be so stupid again.  i write this incident off to hormones, and nothing more.

Answer 8

If your friend knew was not drunk and she was, then it may be that she was raped. But since both were inebriated, it would be difficult to prosecute him if she wanted to.  

Answer 9

Probably not.  It's her own fault she got drunk and had s*x.

Edit: There's a surprising amount of gals, who get drunk, have s*x, and to save face say,"I was drunk and don't remember a thing".

Answer 10

Absoluetly rape... and your friend could have special allegations added on because of her incapcitated state.