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Rape charges are decided on a case by case bases so theres no definitive ruling on this, however..
The more drunk she was the more fucked you are
The more drunk you were the better you are
The more people that saw you go upstairs together the better you are
If you didn't supply the alcohol your in a better scenario
And chances are she won't proceed with this anyway.
Go to the hospital and say that you we're raped by a girl and taken advantage of. Make a big scene and if she comes at you with allegations, take that bitch to court
Ta da
im just going to leave that there.
but anyway. this shit is fucked up, im glad things are looking for the better.
but i did have a freinds that was a guy and a girl raped him passed out woke up on a dirt coverd basement getting rode by a gnarly girl.... and we know that is wasnt consenuial cause he passed out and pissed his pants down there and holly fucking raped him but when he woke up being fucked he punched her and threw her off, so needless to say the cops did not get invloved. this same girl. once i was at a party in a little room trying to sleep and she came in let a cig,, and said.. "jim have you ever had sex with a women"? i say.. no only girls!..
yeah rape sucks!