- Feb 2010
Except that he filmed it and CALLED it rape. That changes things considerably. She was clearly a victim not only because of the sex but because of the video. And while they were both drunk, she apparently was INCAPACITATED in a way he fully realized and took advantage of.I'm always a bit shocked by this one way acceptance of both consent and responsibility. So she gets drunk and is completely excused from all her actions. He gets drunk and not only should be held accountable for his actions but tried as an adult.
The reasoning has to work two ways. If she couldn't consent to her actions because she was drunk then how can he be held liable for his actions when he was drunk?
Would you only press charges a period of time later (several months later) when the video was still being circulated instead of at the time of the alleged crime?
He is alleged to have raped due to her being unable to consent due to bring drunk. There was no age difference and both of them were drunk so if he is a rapist then so is she.
This isn't a "he said/she said" situation or a situation where consent was ambiguous in any way.