@vikorr,
You're missing the point--if she's extremely intoxicated, she may be available to be penetrated, but that doesn't mean she's consenting, as the sexual assault law defines "consent"--because she might not even be fully aware of what she's doing. You're also assuming anything was discussed in advance and agreed upon. Most of the campus situations involving sexual assaults don't occur between people involved in a relationship with each other, where things have been discussed and agreed to.
Why are you assuming she consented? Non-consenting females get sexually assaulted/ raped all the time. Why are you assuming she agreed to it? Because he says so? When she files a rape complaint, she's saying she didn't consent, she didn't agree.
He could have picked her up at a bar, or targeted her at a party, because she was so drunk. Most rapes are done by a very small percentage of men, about 6-7% of all men, and most of those in that very small group of men, tend to be serial predators, committing about 6 rapes each. That small group of men is what drives the sexual assault numbers up. And alcohol is the most widely used date-rape drug. These rapists encourage the female to keep drinking and/or they target a female who is already quite drunk. And college Freshman, who have the least experience drinking, and handling alcohol, are the most likely to be sexually assaulted/raped at college.
And they "aren't both doing the same thing"--in normal intercourse, she's not the one performing the physical act of penetration the law defines as rape, when such penetration is done without consent.
Quote:The new federal definition of rape is
“The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.”
If she penetrates his anus with an object, without his consent, he certainly could charge her with rape under that definition. And, if she did it while he was extremely intoxicated/incapacitated, and unable to resist, that would mean there was no legal consent.
When both are very drunk, and she may be too incapacitated to legally consent, and he penetrates her, he's like the drunk driver, she's like the drunk passenger just sitting next to him in the car--if he gets stopped by a cop, only he will be held responsible for DUI, because he's the only one breaking the DUI laws.
Quote:There aren't many other reasons for a woman consenting to sex to make a rape complaint...other than regret.
You're right, but "regret" isn't generally enough for a woman to want to put herself through the ordeal women are subjected to when they file such complaints--and it is generally a terrible ordeal for the woman who files such a rape complaint.
That ordeal is the the main reason women hesitate about filing a sexual assault/rape complaint or never file a complaint--they know what they're in for, on top of having been sexually/assaulted raped. So, those college students who do file a complaint generally feel strongly about what was done to them, without their consent. And that's also the case with the ones filing complaints with the federal government that their colleges did not handle their complaints appropriately, they feel strongly about that too.
When she files a complaint the next day, she's saying
she wasn't consenting at the time of the sex act, that either she wasn't legally competent to consent and/or to resist, due to being incapacitated by alcohol, or drugs. Or she contends she did say, "No" or "stop" and he ignored her and penetrated her without her consent.
If a male has any doubts at all, about whether she's really consenting, as the law defines "consent", or whether she is too drunk to know what she's doing, which legally means she's not consenting, all he has to do is not initiate sexual contact with her, or refuse sexual contact with her. Logically, that's what he should do, to avoid violating the law. And that's probably what most men do. Most men are not violating the sexual assault/rape laws, and they are not being accused of doing so.
It's the very small group of sexual predators, about 6-7% of all men, who don't care about consent, who are most likely to rape a female while she's drunk, the fact she's drunk just makes it easier to use her for sex, whether she wants it or not, and they know they are violating the law, and that the likelihood is they won't get caught, or probably even reported. And, on many college campuses, such predators seem to cluster in certain fraternities, or athletic teams, where other men in their group reinforce and encourage this sort of predatory behavior.