re: Male Student is Possibly Raped; Gets Expelled for Sexual Assaut

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You do realize that under the facts of this case he was incapable of consenting at all that night, right?

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They had both been drinking. It's possible that both were incapable of consenting, and that opens the doors to the both parties being drunk and having sex scenario. Do you want to charge two people with rape if both wake up happy that the sex happened? What if both regret it?