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As usual on this site, we have a number of posters who are convicting people of crimes without any actual knowledge of the law. Y'all embarrass yourself accusing people of rape when y'all don't even know what constitutes rape. I hate that the term "rape" is thrown around so liberally, especially when there are serious ramifications for those accused of rape.
Rape is an individual's unconsented penetration of another. Depending on the situation, an individual under the influence of alcohol may not be able to give consent. In cases involving the use of alcohol by either party (or both), the prosecution/court will examine the cases on an case-by-case basis and pay close attention to specific details in order to make a determination of whether a rape occurred.
Here, there is no doubt that the female in the video consented to all of the sex acts in which she engaged. First, she's caught on video repeating that she loves having sex. Second, she willingly engaged in oral sex (even AFTER she said she didn't want to) and vaginal sex with each male. Also, she never said "no" or "stop" before or during sex at any point in the video. There were no statements of objection by her. Finally, there were no signs of physical resistance by her against the men at any of the respective times when a male penetrated her.
The fact that she was under the influence will ultimately mean nothing. First, there is no proof that any of the individuals either knew she was drunk. There is no proof that any individuals supplied her with any alcohol/drugs. Also, there is no proof that the female was even under the influence when she engaged in those acts. Moreover, even if it was proven that the female was in fact under the influence, the defendant(s) can argue that they were under the influence themselves (someone was caught with a marijuana blunt in the video) and, thus, that negates any idea that they were taking advantage of an intoxicated female' supposed inability to consent. In the totality of the situation, these points plus her behavior and statements in the video show that she voluntarily consented to having sex and that her (supposed) intoxication didn't impair her ability to consent.
In no way, shape, or form am I condoning the actions of any of the individuals in the video. All parties involved are disgusting and morally null individuals. However, the argument that the female was raped is legally deficient.
If the female has any ounce of regret, she'll file a rape charge. A reasonable prosecutor will, at the very least, be weary of prosecuting this incident as a rape case (or could very well refuse to prosecute it period). And if a rape case is prosecuted, a court will ultimately find that no rape occurred throughout the video. Unfortunately, however, once the rape charge is filed, the damage will have already been done and the reputation of everybody in the video will be irreversibly tarnished.
This is truly a disgusting and sad situation but this isn't rape.
YUP!