Atheism +

[Red Celt]

By all means examine the allegation with skepticism. Intercourse occurred, one party was arguably too intoxicated to give consent, and this constitutes rape in some jurisdictions.

(I think the laws and process are weak in some ways myself - Im not entirely sure that I could either prosecute such a case or defend it competently)

In the example you gave, both parties were too drunk to remember what happened. So... how can you claim who was the raper and who was the raped?

Let's allow for 3 potential combinations:-

• Male & Female
  
• Male & Male
  
• Female & Female
  

Rape can occur in all 3 of those situations, but how can you prove who did what to who? If one of them were to complain that they were raped, the other can counter-claim that no, they were the one who was raped. I mean... if neither can remember giving consent, how is that even going to get as far as the courts?