Because no one could give consent...
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If it def happened and the woman decides it should not have, then yes definitely.
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Depends on how drunk the guy is, I guess, since you didn't specify. But if both are equally drunk, yeah, it's a tricky question.
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Both should face something minor. Can easily be reversed by the guy's lawyers to make it look like she took advantage of him.
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I'm sure if you try really hard you can think of some other factors that might complicate the issue.
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if being drunk means you cant give consent, then they both raped each other.
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E.g. was one pressuring the other to drink? Did one indicate they weren't interested while sober? Was 1 party only passively engaged in sex?
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If the man doesn't remember the event, he was blackout drunk. Therefore, both are too drunk to consent, neither at fault
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Like almost any legal question you have to consider mitigating and aggravating factors.
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If you're blackout drunk, you can't consent. But seems absurd that 2 people can rape each other simultaneously. Ergo, other factors matter.
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