@ossobuco,
You are right, osso. Dosed did mention she was a virgin. And that was the reason she did not want to have intercourse.
And her seductive behavior all took place in a situation where intercourse was not likely to occur (either in a public place, or in the car with her friend driving in the front seat). She really wasn't doing anything that was particularly risky or unsafe in terms of possibly getting raped because she was never alone with this man. She was just very drunk and making out with someone, with no intention of it going beyond that. And I believe Dosed that she never wanted it to go beyond just making out.
Also, this man was very drunk and may have assumed Dosed was consenting simply because she wasn't actively resisting in the back seat of the car.
I'm inclined to believe that sexual intercourse never took place in this situation and that what Dosed felt was penetration by the man's fingers. Given her intoxicated state, and lack of consent for any sort of penetration, that is a sexual assault, if not a rape. The important thing is how Dosed felt about it--she felt violated because it was penetration without her consent--and she has a perfect right to feel that way about it. He didn't ask her if he could do that, he might not have thought he needed to ask her if he could do that, but he
should have asked her, because it is an invasive action and one which can be painful or unpleasant for the woman. Had he been sober, he might well have acted in a more considerate or aware manner.
Whether or not he intended it, that man's actions have caused Dosed emotional distress. I think it's important for men to understand that sort of thing. This isn't just about sexual assault/rape laws, or who is to blame, or someone getting into legal trouble. It's also about how people hurt each other emotionally and psychologically, even without meaning to do so. That's really what makes the issue of consent so important--it's an indication of respect for the other person, it indicates you consider their feelings important, that you don't want to hurt them, that you want to have their agreement for what is going on. That's why it's important to ask if something is alright
before you do it--particularly with someone you really don't know--and I think penetrating someone's body certainly ranks high on the list of things you should ask about before doing it.
In slightly different circumstances, I think situations like this can easily turn into legal messes and real tragedies, particular if two very intoxicated relative strangers wind up in a room alone somewhere. Dosed and this man were both somewhat protected by the fact they were never alone.
Having sex with an extremely intoxicated women, particularly a woman you do not know, is
very high risk behavior for a man because legal consent is absent simply by virtue of her very inebriated state. No matter how apparently receptive she might seem, a man can't just legally disregard the fact she's very drunk, any more than he could disregard her age if she were 15 and coming onto him in a sexually aggressive manner. And, when a man is so drunk that he's not even aware, or concerned with, the fact that the woman is barely conscious of what's going on, he might face a legal nightmare when they both sober up.
Was there really ever a time when rape was regarded as something other than non consensual intercourse? Is there anything new about the idea that you have to be conscious and aware to be able to give legal consent--that you have to know what you are agreeing to? Just as a man has to know whether he's sober before he gets behind the wheel of a car, he's got to know whether he's got his partner's legal consent before he penetrates her sexually, because those are his legal obligations to make sure he's not committing a criminal act. And, with someone like Dosed, the man was with a person who was extremely intoxicated
and definitely did not want to have intercourse. That's like juggling with a live grenade in terms of the sexual assault/rape laws had this man been alone somewhere with Dosed. That's how some rapes happen that no one may have intended to happen. And the real culprit isn't the rape laws, it's irresponsible drinking, by both parties.
I think Dosed learned an important lesson from what happened to her. I hope she's able to control her drinking better from now on. She can't dull her brain to such an extent that she mindlessly exposes herself to the risk of something happening that she doesn't want to happen. Things can easily get out of control when you're very drunk. And, if intercourse isn't on her agenda, I think she should let the man know that, no matter how flirtatiously and seductively she might be acting. If she wants boundaries, she should make them known. And she's got to be sober enough to do that.