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The thing about rape cases is that they are quite often (s)he said vs (s)he said. Its always going to be hard to get the right outcome with that.
The hypothetical situation you raise is interesting. I mean, hands up who here hasn't had sex with somebody when both of you are really pissed? Hands up who hasn't done something they regret in the morning when pissed? The line between drunken consenting sex between adults and rape is very, very thin indeed. As it should be I guess.
Stonehedge
Evans is a nasty piece of work.
But the whole does-consent-count-in-a-blackout thing is massively difficult.
Say, hypothetically, you ended up in bed with someone after you drunkenly told them (truthfully) that you were in love with them, they asked you to stay with them, and this after you pretty explicitly said you didn't want to stay if they weren't going to want you to be there in the morning. "Why wouldn't I want you to be there in the morning?" they might hypothetically have said - and then in the morning it transpires they don't remember much and don't want you to be there and half suspect you've taken advantage of them, because paranoia.
I think some people would say that because of the booze involved it's automatically rape but that doesn't seem like an accurate description of proceedings at all to me, in this hypothetical. Which is completely made up and bears no relation to any persons living or dead.