ak_born wrote:
I would rank "A" and "B" as rape because the woman is drunk and therefore unable to give consent unlike the sober man who is fully cognizant of his actions.
I would consider "C" and "D" to be a fault/fault since neither gender was capable of giving consent.
I would rank "E" as rape because it is the same situation as "A" but with the gender role reversed.
If someone is drunk they can still give consent. By the same argument that some people who are not by your standards "cognizant" cannot ever consent therefore according to you not able to be sexual beings.
People get drunk in order to have encounters, and even if not it doesn't automatically imply they aren't giving it.
The law has to have a high standard because it presumes innocence, so if there is no way of determining guilt other than subjective, you can't make a law.
Of course if someone is so out of it, they cannot physically consent, then of course this is rape.