Originally Posted by
Ray Red
What if both drank too much, can neither of them give consent in that case and then they either (assuming they had sex) raped each other or there was no rape at all, just drunk people having sex? Or is the least drunk person the rapist in that case?
If you are having sex with a party that is unable to affirmatively consent due to intoxication, you are a rapist. If consent is withdrawn at any time and you do not, you are a rapist. Your own intoxication is no defense. BLUF: If you aren't 100% positive you have consent, you don't have consent. (Or you've forgotten the safe word)