It is kind of a philosophical disagreement. As you say, a women with three beers in her can say she really wasn't in her right mind and that technically could be rape. Although ultimately its only rape if there is a conviction.
I agree Sugar and spice that this is probably a a topic better discussed else where, but in a lot of case studies I have read about date rape situations it seemed more of a failure of social behavior during unusual situations.
A friend of mine just sat on a rape trial as a juror and the jury was mostly female. He said it was interesting in the back room because the women, and they were all older, were mush less sympathetic than the men.
They said that no, doesn't always mean no, in dating situations. And in the absence of violence, any struggle, or really even any threat, they voted to acquit the guy.
Rape is a rally serious crime with a lot of Jail time but we tend to use the term rather loosely. And its become a buzzword laden with a lot of emotion.
But anyway, the way amy describes it would fit the rape statute, assuming she really was drugged, of which there was no proof.
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Originally posted by sugar and spice
Ditto.
I think one of the reasons why so many guys are quick to say that most rape allegations are false is because they don't understand rape laws. I can't think of a single state where what happened to Amy wouldn't be considered rape.
I know I've posted this on GC before but -- if she does not verbally agree to sex, it's rape.
And if she says, in the middle of sex, "Stop, I don't want to do this anymore," and the guy doesn't stop, it is potentially rape.
(However, once the sex is over I believe the statute of limitations has passed.  )
Furthermore, in many places, if the woman is intoxicated she is unable to legally give consent for sex -- that is, any sex with a drunk woman could potentially be prosecuted as rape. (I am not sure how much this one is actually enforced, since despite it being a law on the books, most people would condemn her for the drunkenness -- but you should still be aware of it.)
You may argue about the fairness of laws like this, but they are valid in almost every single state and if you don't comply with them, you are at risk of getting charged with rape.
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