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It's rape, but if it makes sense, he wasn't raping her, as far as he knew, she was consenting.

hell yea thats rape and I'd go to the cops

If she didn't say no or make it clear she didn't want to, then no.

I would say that's an unfortunate situation. She was being taken advantage of, but I don't feel that's rape. She didn't say no.

I don't really see it as rape just because she's not trying to stop it. How is he supposed to know she's not into it f she doesn't tell him. You can reject sex nicely without freaking and getting kicked out of someone's apt. If she said she wasn't comfortable with it and he still forced it it would be rape.

Quoting ~Betta~:" At a party a young girl gets very drunk, she can't really talk, and falls asleep/knocks out on the couch. ... [snip!] ... much older than her, also drunk, unaware of her fear of being kicked out. Is it rape, or is it just an unfortunate situation?"

if she didn't say no, then i do not consider that rape.

Well, she should say no if she doesn't want to have sex. A cab could always pick her up. Did she say no at any point?

If she's an adult, they're both drunk and she's not saying no, how can it be rape?

Quoting Waitin on Peanut:" It's rape, but if it makes sense, he wasn't raping her, as far as he knew, she was consenting."

yeah, that's the tricky part of it.

He is intoxicated as well.. He doesn't know she doesn't want it if she doesn't say so. I say no, it's not.

I don't think it's rape since she didn't say no or make it otherwise known that she doesnt want to. He can't read her mind.

It's a smurffy situation, but it's not rape. The guy had no way of knowing she didn't want it, based off the story given.

No, it's not rape.