Quote:
Originally Posted by dr2005
I was in agreement with you until this point, because without further clarification that could be quite a dangerous statement. "Taking advantage" covers all manner of situations, ranging from someone having had a few too many to drink and lost some of their inhibition to someone being unconscious (I have read case reports where that has happened, scarily). The former wouldn't on its own be rape unless it could be demonstrated consent was not given and the man proceeded anyway, but the latter would be rape as consent cannot be given. Indeed, the SOA 2003 picks this out as an instance where consent is presumed to be absent unless there is very strong evidence to the contrary. I understand what you're trying to say, it's just perhaps something which should be phrased very carefully in the context of the offence.
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Sorry - wasn't clear
I meant for eg.
someone has split up with their fiance that morning, you have sex with them - taking advantage yes, rape no
someones mother died last night, you have sex with them - taking advantage yes, rape no
someone is upset/vulnerable for other similar reasons - take advantage yes, rape no
Not being unconscious. Or too high/drunk to consent.