If a man has sex with a drunk woman is that rape?

If a sober man has sex with a drunk woman is that rape? What if both parties are drunk? Should the man still be charged with rape?

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  • Yes, even if both are drunk, the man can be charged with rape but the woman won't.

  • Depends on the level of intoxication. It’s rape if she’s not coherent enough to give legal consent. I think we all know the difference between a little bit tipsy and sloppy drunk.

  • No. But without a doubt he's an opportunistic sleezeball. And if she accuses him of rape I don't have a lot of sympathy for him. You don't exploit a woman in a compromising situation. That's being a man 101.