CB's right from what I've heard. If the girl decides, once she's sober, that it was a bad idea, then it was rape. Same thing in the case of a guy (I know a guy who was taken advantage of like that), but in the guy's case, one can't take legal action. I mean,
technically you can, but legally, making a rape case out of it is next to impossible.
In any case...
Quote:
A person who is mentally incapacitated or physically helpless cannot consent to a sexual act.
* If she's drunk, or drugged, or passed out, she can not give consent. This brings to mind the case of Andrew Luster, the Max Factor heir who has been in the news lately. He drugged women and raped them, and said that it was consensual. He figured that any woman that came into his room was consenting to sex. Obviously, this guy just didn't get the whole concept of consent. Now he's in prison, hoping that his cellmate is more enlightened than he was.
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http://incestabuse.about.com/cs/dome...guidelines.htm