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I have mixed views on this--- while in college I would have said "rape" in a heartbeat.
Now, I am not sure what I would technically call it--- I will call it wrong.
You don't have sex with someone who is passed out, if that was the case---
but... i will play devils advocate here.... ( and i am sure you all will flame away)---Did James ever say that she didn't give consent? She could have been very much willing to have sex, even a drunken state of consent could have been given. We don't know. How many times have you all been drunk, made decisions, done something, whatever it was-- been told about it the next morning, don't remember it--the moment could be gone from your mind, all but a few seconds of the events-- but you weren't passed out, but yet you don't remember. You may not have made the best decision on your life, but you did make the choice to do the action. This very well could been the case.
Should the guy get 5-10 yrs in prison--NO.
Should the girl learn to take better control of her health and personal safety-- YES
Should the guy learn to make wiser choices-- YES
Should her friend get her ass kicked for leaving her "alone" in an altered state--YES.
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