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based on my personal experience, as I stated in my first post. Both my ex-wife and I lost our virginity to adults while passed-out drunk. Both of us remember the experience. My suspicion is tweaked because she responded to the video tape, not the words written all over her, and, let's be honest here, after a gang bang, she had to have some inkling based on physical evidence.
Whether she was an adult is my point. They were minors. The distinction here seems to hinge on gender, not age, and by the response of the jury, not on consent.
If a guy passed out and you rushed to call "rape" on the minor girls who had sex with him, you would still be taking a short-sighted position that ignores the greater problem. My personal experience, and the experience of those close to me, makes me believe that this sort of thing happens a lot. From that assumption I have built the belief that our culture handles underage drinking and underage sex very poorly. Tossing a few kids behind bars for being callous and stupid while drunk does not solve or even address the problem. Where were her parents?!? Where where the boys' parents'?!?
As a parent, I've busted a kegger organized and supervised by parents after my 14-year-old daughter called, terrified by what she thought was a party for teens (it was, but certainly not in the sense she expected). On discussing this with my 18-year-old son, I found that these parties are common. Locking kids up for going too far doesn't make any difference if the underlying behavior is otherwise condoned.
We do a really lousy job of teaching sex to children.
We do a worse job, (if that's possible) teaching them about alcohol.
Yet most of the posters on this thread want to bang a few of these kids behind bars, so far as I can tell, because they have dicks. The evidence from the trial doesn't support any other reason.
The assumed rapists were kids. That is a major part of my point. All the kids at this party displayed horrible judgement. IF, and I must emphasize the IF, this girl didn't consent, whether she remembers consent or not, that is a different story. But one real issue here is whether a drunk minor was able to determine a lack of consent. If I use the techniques of the blogger quoted in the original post, I can assume that this drunken girl was suggestive and inviting right up until she passed out, at which time a drunken boy misinterpreted a moan as consent, based on the girl's earlier statements.
These were kids. They were judgementally impaired. You want to hang someone, hang the parents that enabled this situation.
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