General Discussion
In reply to the discussion: NORMAL people DON'T need to debate what is rape and what isn't. [View all]davidn3600
(6,342 posts)The absence of consent.
Each state has different laws and various degrees for a variety of circumstances. But the overall legal philosophy is that rape is when one party does not consent, or is unable to consent, to the sexual act.
And that is how the vast majority of our society views it.
Basically what you are saying is that any time a male initiates sexual contact, it should be considered rape. That's insane. The way the law works is that if the woman is sober and awake, she needs to give some type of indication that she doesn't want the act to occur. If she's screaming "no," that's rape. If she's trying to push the guy away, that's rape. But if she's a willing participant and gives no indication of trying to stop the act, every court and jury in the land will consider that consensual sex.