Seems reasonable. The night club owner would have recognized the other guy was incapacitated, and whether he was a man or a woman shouldn't matter. You can't give consent if you're incoherent. Wearing provocative clothes or drinking too much doesn't grant someone the right to have sex with you. The difficulty here seems to be a lack of any independent witnesses as to how drunk he was.

I think you can consent when drunk, but passed...that's rape. The trouble is that no one else was there to corroborate either side of the story.

Appears to be a guilty unless proven innocent scenario.

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My training

Here is my problem. Two people get drunk and have sex. The next day one decides it was not consensual. How do we decide who got assaulted? How do we decide how drunk you need to be to not give consent? It is a big mess.

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They constantly try to escape from the darkness outside and within
Dreaming of systems so perfect that no one will need to be good T.S. Eliot