Those drunk on their own can't be considered 'mentally incapacitated' in rape cases

[Benton]

(03-27-2021, 10:51 AM)fredtoast Wrote: It is simple when the victim is unconscious.  That is obviously rape.

It is simple when the victim is drugged without knowing it.

But what if a woman makes her own decision to get drunk and then agrees to have sex with you?  That is where the law gets tricky.  Should you be charged with rape when the victim agreed to have sex?

Yeah I'm not seeing why this decision was made. If they're unconscious, it's rape. If they're awake and say no (which she did), then it's rape.