rlb1961

Consider the following scenario: A man and a woman meet at a party. Both have had too much to drink. People see them leave the party together, and see the woman give directions to the cab driver. The man wakes up the next morning, not knowing how he got home, but finding a strange set of panties next to his bed. A woman calls a couple of weeks later to tell him she is pregnant and that he is the father. HE cannot remember going home with her or consenting to sex, so he files a rape charge against her. She claims that he consented to sex and passed out afterward.

Is this rape? Why or why not?

Consider the following hypothetical scenario: a man and a woman meet at a party. Both have had too much to drink, and they go back to his place after the party. She wakes up the next morning in a strange place (his home) and can't remember how she got there. She goes home and files a rape charge with the police. Examination shows that there was sexual activity, but no evidence of forced intercourse. The man claims they were both drunk, but she consented to sex, and passed out afterward. The woman doesn't remember going home with him, though others saw them leave the party together. There is no evidence of any date rape drug.

Is this rape?