Anyone can "contend" anything.
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Yes, all factors have a bearing on each other. It all depends on the issue of consent and clearly intoxication plays a big part. For instance, female meets male at bar, male slips date rape drug in drink, female wakes up next day to a video of her having sex with male, but doesn't remember because she was in a black out. Female reports this a rape to police. Police file case with prosecutor, prosecutor accepts case and viola, male is looking at prison, goes to trial after spending 25,000. and either wins or loses.
Now, you can just switch female and male in my example same process.
A person may lack the ability to consent due to intoxification.
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Yes - either party may claim that she or he lacks the ability to consent due to intoxication or due to an excess of physical force.Ask a similar question
Under the facts given, the answer is no. One can't change their mind after consensual sex. But usually, the person who changed their mind neglects to tell police the encounter was consensual. They would claim it was either forcible or that they blacked out and were incapable of consent. If that occurs, prosecutors will prosecute it.Ask a similar question
The problem with these "hook-ups" is that you have all the elements of a sustainable false charge of rape. The complainant was drunk and didn't or couldn't give consent, the defendant was drunk and wouldn't take no for an answer, there is no history to infer consent after or during a courtship, etc. etc. So yes, you take your chances if you are a guy and have no patience. Good luck.
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