definition of "consent" in rape cases

[eve2002]

in most states, what is the definition of "consent" in rape cases? i know most statutes state that if the victim is mentally incapacitated or asleep, and thus unable to give consent, then the act is rape. the first time i didn't say "no" (i still don't know why), but i was definitely drunk (blacking out, etc.). how drunk do you have to be to be mentally incapacitated? i didn't even think "no" in my head because i wasn't thinking anything. i was at the point that nothing phased me. (i had gotten cut on my face somewhere during the course of the night, and i didn't even realize i was bleeding or that it hurt until someone pointed it out to me.) i eventually asked him to stop and he didn't (or at least not right away). i passed out in the middle of intercourse. that was at night. in the morning i woke up and the guy was in the middle of having sex with me. he eventually stopped, but it took several minutes of saying "no." i think he stopped only when he realized i was actually awake. i don't know if it helps, but this was a person who i had never seen before who came into my room and started undressing me for reasons i still haven't been able to understand. . .

 

[TYRIS]

PC§ 261.6. Consent
In prosecutions under Section 261, 262, 286, 288a, or 289, in which consent is at issue, "consent" shall be defined to mean positive cooperation in act or attitude pursuant to an exercise of free will. The person must act freely and voluntarily and have knowledge of the nature of the act or transaction involved.

if you woke up and he was having intercourse without you agreeing to it, then its rape.

TYRIS

 

[calatty]

If you didn't say no, and don't indicate in some other way that you didn't want sex, and fall asleep in the middle, how could it be rape? If you don't object when he started in the morning, then you do say no and he stops, how could it be rape? It is one thing to get too drunk and end up having sex with someone you later regret, and another to be raped. Rape is an extremely serious charge. In CA, a man can get get 16+ years in prison for two acts of non-consensual intercourse, so you better be really sure it happened before you claim it did.