Would you consider this rape?

I wouldn't think so. Sounds dumb to do it, but it seems consensual.

Alcohol is the number 1 date rape drug. She said yes and passed out. Ok rape and by a sick person. Why would you take advantage of someone who is that drunk? Next time he should pick someone who is not in that condition. People get arrested for DUI because it impairs the ability of judgement and someone to have sex with someone in such a state thinks he will get away with it. Why would she go through that exam and telling the police and the examiner the story. The exam is degrading and telling the story is also and what would she gain. Really think about it and read your scenario again.

With no evidence of force I don't see how it could be considered rape. Without any drugs that could have prevented the woman from making her own choice(other then the alcohol she injested herself) she has no foundation to file a rape charge.

the situation described above comes down to a case of "she said, he said" and with no more evidence then one person's word to another, i doubt it would go farther then a report being made, I can't see someone being arrested based on their word alone.

I would say no. Just because you get drunk and feel like a skank for having a one night stand you don't remember, doesn't give you the right to press charges on him. What if he really doesn't remember either? Can he file rape charges on her? If you don't want to wake up with regret, don't put yourself in a situation where you can't assert self control.

In Ohio a person can not legally consent to sex if they are intoxicated. They raped each other if it happened here. If he was sober it would have definitely been considered rape. I don't know how they would rule if they were both drunk.

In the absence of actual recollection of resistance, and absent any physical evidence of force (such as vaginal abrasions or labial bruising) there is no reason to believe a rape was committed.

It isn't rape.

Look for the intent on the part of the alleged perpetrator.

Other than statutory rape, you have to have some intent. You can't negligently rape someone.

There's no evidence of criminal intent.

I doubt you could be charged with rape. Notice I said "you". I seriously doubt this is the hypothetical situation you are leading us to believe.

No, it's not considered rape because you said you wanted to, even though you were drunk you still said yes... it's ur fault you got wasted remember that... things happen when ur drunk... thats when ppl have regrets... it's not rape.

No it's not. It sounds like a classic case of "he said-she said"....but they can't remember anyway...and with no proof of forced intercourse what would lead anyone to believe it is rape?

no I wouldn't call this rape it was a one night stand this is what happens when you have too much to drink lets hope there is nothing left in 9 months to remember this one night or worse